Supreme Court Upholds Agent’s Rights After Contractor’s Death in Karnataka Contract Dispute LEGAL ISSUE: Whether an agent’s rights under a contract terminate upon the death of the principal, especially when the agent has an interest in the contract. CASE TYPE: Contract Law, Arbitration Case Name: P. Seshareddy (D) Rep. By His LR. Cum Irrevocable GPA […]
Supreme Court Allows Arbitration Despite Unstamped Agreements: Weatherford vs. Baker Hughes (2022) LEGAL ISSUE: Whether an arbitration agreement within an unstamped contract is enforceable. CASE TYPE: Arbitration Law Case Name: Weatherford Oil Tool Middle East Limited vs. Baker Hughes Singapore PTE & Other connected matters. Judgment Date: 20 October 2022 Date of the Judgment: 20
Supreme Court Appoints New Arbitrator in Sunil Jain Case: Arbitration Dispute (19 October 2022) LEGAL ISSUE: Appointment of a new arbitrator due to the death of the previously appointed arbitrator. CASE TYPE: Arbitration. Case Name: Sunil Jain (D) Thr. LRs. and Anr. vs. Chandra Kala & Anr. Judgment Date: 19 October 2022 Date of the
Supreme Court clarifies arbitrability of disputes under specific contract clauses: Emaar India Ltd. vs. Tarun Aggarwal Projects LLP (2022) LEGAL ISSUE: Whether a dispute falls under an arbitration clause or an exception clause within a contract. CASE TYPE: Arbitration Case Name: M/s. EMAAR INDIA LTD. VERSUS TARUN AGGARWAL PROJECTS LLP & ANR. [Judgment Date]: 30
Supreme Court Holds Singh Brothers in Contempt for Asset Diversion in Daiichi Sankyo Case LEGAL ISSUE: Contempt of Court for violating orders and undertakings related to asset preservation in an international arbitration enforcement. CASE TYPE: Civil Contempt, Arbitration Enforcement Case Name: M/s. Daiichi Sankyo Company Limited vs. Oscar Investments Limited & Ors. Judgment Date: 22
Supreme Court Upholds Interim Relief in Arbitration: Essar House vs. Arcellor Mittal (2022) LEGAL ISSUE: Whether a court, while granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, is strictly bound by the procedural requirements of the Code of Civil Procedure, 1908 (CPC), particularly Order XXXVIII Rule 5. CASE TYPE: Arbitration
Supreme Court Upholds Arbitration Clause Despite Missing “Final and Binding” Wording in Development Agreement: Babanrao Rajaram Pund vs. M/s. Samarth Builders & Developers (2022) LEGAL ISSUE: Whether a clause in a development agreement constitutes a valid arbitration agreement even if it does not explicitly state that the arbitrator’s decision will be “final and binding.” CASE
Supreme Court Clarifies Jurisdictional Issues in Arbitration: General Manager East Coast Railway vs. Hindustan Construction Co. Ltd. (2022) LEGAL ISSUE: Determining the correct jurisdiction for arbitration proceedings when prior applications have been filed in a different court. CASE TYPE: Arbitration Law Case Name: General Manager East Coast Railway Rail Sadan & Anr. vs. Hindustan Construction
Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) LEGAL ISSUE: Legislative competence of a State to enact laws impacting arbitration and encroachment on judicial power. CASE TYPE: Civil Appellate Jurisdiction Case Name: The Secretary to Govt. of Kerala, Irrigation Department and Others vs. James Varghese and Others Judgment Date: 04 May 2022 Introduction
Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) Read Post »
Supreme Court clarifies Group of Companies Doctrine in Arbitration: ONGC vs. Discovery Enterprises (2022) LEGAL ISSUE: Applicability of the Group of Companies Doctrine in arbitration proceedings to bind non-signatory parties. CASE TYPE: Arbitration Law Case Name: Oil and Natural Gas Corporation Ltd. vs. M/s Discovery Enterprises Pvt. Ltd. & Anr. [Judgment Date]: 27 April 2022
Supreme Court dismisses arbitration appeal due to limitation: Vishram Varu & Co. vs. Union of India (2022) LEGAL ISSUE: Whether an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 is maintainable when the arbitration clause is invoked after a significant delay. CASE TYPE: Arbitration Law Case Name: Vishram Varu & Co.
Supreme Court Partially Allows Appeal on Interim Rent Deposit: Evergreen Land Mark Pvt. Ltd. vs. John Tinson & Company Pvt. Ltd. (2022) LEGAL ISSUE: Whether an arbitral tribunal can order a lessee to deposit the full rental amount as an interim measure under Section 17 of the Arbitration and Conciliation Act, 1996, when the lessee
