Arbitration Law

Supreme Court clarifies interest liability under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Snehadeep Structures vs. MSSIDC (2024)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration Law, Commercial Contracts, Commercial Law, Interest on Delayed Payments Act

Supreme Court Clarifies Interest Liability under the Interest on Delayed Payments Act: Snehadeep Structures vs. MSSIDC (2024) LEGAL ISSUE: Interpretation of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, specifically regarding the date from which interest is payable and the applicability of the proviso to Section 3. CASE TYPE: […]

Supreme Court clarifies interest liability under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Snehadeep Structures vs. MSSIDC (2024) Read Post »

Supreme Court Upholds Enforcement of Foreign Arbitral Award, Rejecting Bias Allegations: Avitel Post Studioz vs. HSBC PI Holdings (2024)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 48, Enforcement of Foreign Arbitral Awards, New York Convention, New York Convention with Article V(2)

Supreme Court Upholds Enforcement of Foreign Arbitral Award, Rejecting Bias Allegations: Avitel Post Studioz vs. HSBC PI Holdings (2024) LEGAL ISSUE: Whether a foreign arbitral award can be denied enforcement in India due to allegations of arbitrator bias and violation of public policy. CASE TYPE: International Commercial Arbitration Case Name: Avitel Post Studioz Limited &

Supreme Court Upholds Enforcement of Foreign Arbitral Award, Rejecting Bias Allegations: Avitel Post Studioz vs. HSBC PI Holdings (2024) Read Post »

Supreme Court clarifies the limitation period for appointment of arbitrators under Section 11 of the Arbitration Act: Arif Azim Co. Ltd. vs. Aptech Ltd. (2024)

/ Applicability of Limitation Act to Arbitration, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 43, Commencement of Arbitral Proceedings, Limitation Act, 1963, Limitation Act, 1963 with Article 137

Supreme Court Clarifies Limitation for Arbitrator Appointments in Arif Azim Co. Ltd. vs. Aptech Ltd. (2024) Date of the Judgment: 1st March 2024 Citation: 2024 INSC 155 Judges: Dr. Dhananjaya Y. Chandrachud, CJI, J.B. Pardiwala, J., Manoj Misra, J. When does the clock start ticking for filing an application for the appointment of an arbitrator?

Supreme Court clarifies the limitation period for appointment of arbitrators under Section 11 of the Arbitration Act: Arif Azim Co. Ltd. vs. Aptech Ltd. (2024) Read Post »

Supreme Court Restores Arbitrator’s Award, Emphasizes Limited Court Interference in Arbitration Cases: S.V. Samudram vs. State of Karnataka (2024) INSC 17 (4 January 2024)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37

Supreme Court Restores Arbitrator’s Award, Emphasizes Limited Court Interference in Arbitration Cases Date of the Judgment: 4th January 2024 Citation: (2024) INSC 17 Judges: Abhay S. Oka J., Sanjay Karol J. Can a court modify an arbitrator’s award, or is its role limited to setting aside the award if it finds errors? The Supreme Court

Supreme Court Restores Arbitrator’s Award, Emphasizes Limited Court Interference in Arbitration Cases: S.V. Samudram vs. State of Karnataka (2024) INSC 17 (4 January 2024) Read Post »

Supreme Court Upholds Arbitration Clause: Sushma Shivkumar Daga & Anr. vs. Madhurkumar Ramkrishnaji Bajaj & Ors. (2023)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 8, Contract Law, Contract Law with Conveyance Deed, Development Agreements, Judicial Intervention, Tripartite Agreements

Supreme Court Upholds Arbitration in Property Dispute: Sushma Daga vs. Madhurkumar Bajaj (2023) LEGAL ISSUE: Whether a dispute arising from a conveyance deed and development agreements, which are based on prior agreements containing an arbitration clause, can be referred to arbitration, even if the subsequent documents lack such a clause. CASE TYPE: Civil, Arbitration Case

Supreme Court Upholds Arbitration Clause: Sushma Shivkumar Daga & Anr. vs. Madhurkumar Ramkrishnaji Bajaj & Ors. (2023) Read Post »

Group of Companies Doctrine: Supreme Court Defines Scope in Arbitration Cases (2023)

/ Arbitration Act, 1996 with Section 8, Arbitration Agreement, Arbitration Law, Contract Law, Group of Companies Doctrine, Indian Contract Act, 1872 with Contract Principles, Privity of Contract

Supreme Court Clarifies Group of Companies Doctrine in Arbitration Law Date of the Judgment: December 06, 2023 The Supreme Court of India, in a landmark judgment, has clarified the applicability of the “Group of Companies” doctrine in arbitration law. This ruling addresses a critical question: Can a company that hasn’t signed an arbitration agreement be

Group of Companies Doctrine: Supreme Court Defines Scope in Arbitration Cases (2023) Read Post »

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 2(f), Constitutional Law, Constitutional Law with Article 14, Fundamental Rights

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 LEGAL ISSUE: Whether a pre-deposit clause in an arbitration agreement is valid and enforceable under the Arbitration and Conciliation Act, 1996 and the Constitution of India. CASE TYPE: Arbitration Law Case Name: Lombardi Engineering Limited vs. Uttarakhand Jal

Supreme Court Invalidates Pre-Deposit Clause in Arbitration: Lombardi Engineering vs. Uttarakhand Jal Vidyut Nigam (2023) INSC 976 Read Post »

Loss of Profit Claims: Supreme Court clarifies evidence requirements in Unibros vs. All India Radio (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73

Supreme Court on Loss of Profit Claims in Contract Delays: Unibros vs. All India Radio (2023) LEGAL ISSUE: What constitutes sufficient evidence for a claim of loss of profit due to delays in contract execution? CASE TYPE: Arbitration Law Case Name: M/s Unibros vs. All India Radio [Judgment Date]: 19th October 2023 Date of the

Loss of Profit Claims: Supreme Court clarifies evidence requirements in Unibros vs. All India Radio (2023) Read Post »

Arbitrator Fee Disputes: Supreme Court Upholds Tribunal’s Mandate in Chennai Metro Rail vs. Transtonnelstroy (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Arbitration and Conciliation Act, 1996 with Section 13, Arbitration and Conciliation Act, 1996 with Section 14, Breach of contract, Contract Law

Supreme Court Clarifies Arbitrator Fee Disputes: Chennai Metro Rail vs. Transtonnelstroy (2023) LEGAL ISSUE: Whether a tribunal’s unilateral increase of fees, despite objections from one party, terminates its mandate. CASE TYPE: Arbitration Law Case Name: Chennai Metro Rail Limited vs. M/S Transtonnelstroy Afcons (JV) & Anr. [Judgment Date]: 19 October 2023 Date of the Judgment:

Arbitrator Fee Disputes: Supreme Court Upholds Tribunal’s Mandate in Chennai Metro Rail vs. Transtonnelstroy (2023) Read Post »

Supreme Court overturns High Court order in property theft case: Ruchir Rastogi vs. Pankaj Rastogi (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 9, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 380, Indian Penal Code, 1860 with Section 457, Interim Measures, Offences Against Property

Supreme Court overturns High Court order in property theft case: Ruchir Rastogi vs. Pankaj Rastogi (2023) LEGAL ISSUE: Whether the High Court was right in quashing the FIR for offences under Sections 457, 380, and 506 of the Indian Penal Code, 1860. CASE TYPE: Criminal Case Name: Ruchir Rastogi vs. Pankaj Rastogi and Others Judgment

Supreme Court overturns High Court order in property theft case: Ruchir Rastogi vs. Pankaj Rastogi (2023) Read Post »

Currency Conversion in Construction Contracts: Supreme Court clarifies payment terms in National Projects Construction Corporation vs. Royal Construction Company (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Contract Law, Contract Law with Agreement dated 29th June 1982, Currency of Payment, Enforcement of Arbitral Awards, Interpretation of Contracts

Supreme Court clarifies currency conversion in construction dispute: National Projects Construction Corporation vs. Royal Construction Company (2023) Date of the Judgment: October 10, 2023 Citation: 2023 INSC 899 Judges: Aniruddha Bose, J., Vikram Nath, J. Can a court order payment in a currency different from what was agreed upon in a contract? The Supreme Court

Currency Conversion in Construction Contracts: Supreme Court clarifies payment terms in National Projects Construction Corporation vs. Royal Construction Company (2023) Read Post »

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 »

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