Arbitration Law

Supreme Court clarifies the definition of an ‘Arbitration Agreement’ in contract disputes: Solaris Chem Tech Industries Ltd vs. Karnataka Urban Water Supply Board (2023)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7, Contract Law, Contractual Agreements, Dispute Resolution, Impartiality of Arbitrator, Karnataka Urban Water Supply and Drainage Board Act, 1973, Water Supply Agreements

Supreme Court Clarifies Arbitration Agreements: Solaris Chem Tech Industries Ltd vs. Karnataka Urban Water Supply Board (2023) LEGAL ISSUE: Whether a clause providing for dispute resolution by a departmental authority constitutes a valid arbitration agreement. CASE TYPE: Contractual Dispute, Arbitration Law Case Name: Solaris Chem Tech Industries Ltd vs. Assistant Executive Engineer Karnataka Urban Water […]

Supreme Court clarifies the definition of an ‘Arbitration Agreement’ in contract disputes: Solaris Chem Tech Industries Ltd vs. Karnataka Urban Water Supply Board (2023) Read Post »

Supreme Court Invalidates Clause for Government Employee Arbitrator: Glock Asia-Pacific vs. Union of India (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 12(5), Constitutional Law, Constitutional Law with Article 299, Dhananjaya Y Chandrachud, J.B. Pardiwala, Judges, Pamidighantam Sri Narasimha

Supreme Court Invalidates Clause for Government Employee Arbitrator: Glock Asia-Pacific vs. Union of India (2023) LEGAL ISSUE: Whether a government employee can be appointed as an arbitrator in a dispute involving the government, given conflict of interest concerns. CASE TYPE: Arbitration Law Case Name: M/S GLOCK ASIA -PACIFIC LTD. VERSUS UNION OF INDIA [Judgment Date]:

Supreme Court Invalidates Clause for Government Employee Arbitrator: Glock Asia-Pacific vs. Union of India (2023) Read Post »

Supreme Court Invalidates Appointment of Government Employee as Arbitrator in Glock Asia-Pacific vs. Union of India (2023)

/ Arbitration and Conciliation Act, 1996 with Section 12(5), Arbitration Law, Constitutional Law, Constitutional Law with Article 299, Dhananjaya Y Chandrachud, Impartiality of Arbitrators, Indu Malhotra, J.B. Pardiwala, Judges, Pamidighantam Sri Narasimha, Seventh Schedule, Arbitration and Conciliation Act, 1996

Supreme Court Invalidates Appointment of Government Employee as Arbitrator in Glock Asia-Pacific vs. Union of India (2023) LEGAL ISSUE: Whether a government employee can be appointed as an arbitrator in a dispute where the government is a party, given conflict of interest concerns. CASE TYPE: Arbitration Law Case Name: M/S GLOCK ASIA-PACIFIC LTD. vs. UNION

Supreme Court Invalidates Appointment of Government Employee as Arbitrator in Glock Asia-Pacific vs. Union of India (2023) Read Post »

Supreme Court clarifies the scope of pre-referral jurisdiction under Section 11(6A) of the Arbitration Act: Magic Eye Developers vs. Green Edge Infrastructure (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6A), Arbitration Law, C.T. Ravikumar, Existence of Arbitration Agreement, Judges, M.R. Shah, Pre-Referral Jurisdiction, Validity of Arbitration Agreement

Supreme Court Clarifies Pre-Referral Jurisdiction on Arbitration Agreements: Magic Eye Developers vs. Green Edge Infrastructure (2023) Date of the Judgment: May 12, 2023 Citation: 2023 INSC 528 Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a court refer a dispute to arbitration without conclusively deciding on the existence of a valid arbitration agreement? The

Supreme Court clarifies the scope of pre-referral jurisdiction under Section 11(6A) of the Arbitration Act: Magic Eye Developers vs. Green Edge Infrastructure (2023) Read Post »

Supreme Court clarifies applicability of 2015 Arbitration Amendment Act in appointment of arbitrator: Shree Vishnu Constructions vs. Military Engineering Service (2023)

/ Arbitration and Conciliation (Amendment) Act, 2015, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 21, Arbitration Law, C.T. Ravikumar, Judges, M.R. Shah

Supreme Court clarifies applicability of 2015 Arbitration Amendment Act in appointment of arbitrator: Shree Vishnu Constructions vs. Military Engineering Service (2023) LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015, specifically Section 11(6A), to court proceedings for the appointment of an arbitrator. CASE TYPE: Arbitration Law Case Name: M/s. Shree Vishnu Constructions vs.

Supreme Court clarifies applicability of 2015 Arbitration Amendment Act in appointment of arbitrator: Shree Vishnu Constructions vs. Military Engineering Service (2023) Read Post »

Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 34, Arbitration Law with Section 37, B.V. Nagarathna, Contract Law, Contract Law with Section 5, Indian Contract Act, 1872, Judges, K.M. Joseph, Termination of Contract

Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023) LEGAL ISSUE: Whether a dealership agreement can be terminated by either party by giving a three-month notice, and if such termination requires acceptance by the other party. CASE TYPE: Contract Law, Arbitration Law. Case Name: Indian Oil Corporation

Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023) Read Post »

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023)

/ Abhay S. Oka, Arbitration Agreement, Arbitration Law, Arbitration Law with Section 8, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Judges, Rajesh Bindal, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 31

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023) LEGAL ISSUE: Whether a dispute regarding the cancellation of a development agreement can be referred to arbitration, or if it must be adjudicated by a civil court. CASE TYPE: Arbitration Law Case Name: M/S. Asian Avenues Pvt Ltd. vs. Sri

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023) Read Post »

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023)

/ A.S. Bopanna, Arbitration Awards, Arbitration Law, Consumer Forum, Consumer Law, Contract Law, Contract Law with Clause 9(c), Flat Buyer Agreements, Judges, M.R. Shah, Real Estate Disputes, Tripartite Agreements

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023) The Supreme Court of India clarifies the responsibility for paying compensation to homebuyers for project delays, addressing a dispute between a developer and a housing board. Can a real estate developer be solely liable for compensation to homebuyers

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023) Read Post »

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023)

/ A.S. Bopanna, Arbitration Law, Contract Law, Contract Law with Clause 9(c), Enforcement of Award, Interpretation of Clauses, Judges, M.R. Shah

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023) LEGAL ISSUE: Determining the apportionment of liability for compensation between a developer and a housing board in a real estate project delay. CASE TYPE: Consumer. Case Name: Parsvnath Developers Ltd. vs. Gagandeep Brar and Another. Judgment Date: 13 April 2023

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023) Read Post »

Supreme Court settles arbitrability of disputes after settlement agreement in NTPC vs. SPML case (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Contract Law, Dhananjaya Y Chandrachud, Dispute Resolution, Judges, Pamidighantam Sri Narasimha, Settlement Agreement

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) LEGAL ISSUE: Whether a dispute is arbitrable after a settlement agreement has been executed and acted upon by the parties. CASE TYPE: Arbitration Law Case Name: NTPC LTD. vs. M/S SPML INFRA LTD. Judgment Date: 10 April 2023 Date of

Supreme Court settles arbitrability of disputes after settlement agreement in NTPC vs. SPML case (2023) Read Post »

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 16, Arbitration Law with Section 37, B.V. Nagarathna, Contract Law, Contract Law with Clauses 65 and 65A, Final Bill, Indian Contract Act, 1872, Indian Contract Act, 1872 with Sections 15 to 18, Judges, K.M. Joseph, Krishna Murari, No Claims Certificate

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023) LEGAL ISSUE: Whether an arbitrator can award claims not included in the final bill submitted by a contractor, especially when the contract prohibits such claims. CASE TYPE: Arbitration Law Case Name: Union of India & Ors. vs.

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023) Read Post »

Supreme Court clarifies: Arbitration Clause in Amenities Agreement extends to Leave and License Agreement

/ Arbitration and Conciliation Act 1996, Arbitration Law, Arbitration Law with Section 7(5), Contract Interpretation, Contract Law, Dhananjaya Y Chandrachud, International Commercial Arbitration, J B Pardiwala, Judges, Leave and License Agreement, Pamidighantam Sri Narasimha

Supreme Court Clarifies Incorporation of Arbitration Clauses in Linked Agreements Date of the Judgment: March 13, 2023 Citation: 2023 INSC 232 Judges: Dr Dhananjaya Y Chandrachud, CJI, Pamidighantam Sri Narasimha, J, J B Pardiwala, J Can an arbitration clause in one agreement be considered part of another agreement if the two are linked? The Supreme

Supreme Court clarifies: Arbitration Clause in Amenities Agreement extends to Leave and License Agreement Read Post »

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