Arbitration Law

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum (1 February 2022)

/ Abhay S. Oka, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Breach of contract, Contract Interpretation, Contract Law, Indira Banerjee, Judges, Jurisdiction of Arbitrator, Setting Aside Arbitral Award

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum LEGAL ISSUE: Whether an arbitrator, appointed under a dealership agreement, can modify the terms of a separate lease agreement between the same parties. CASE TYPE: Contract Law, Arbitration Law Case Name: Indian Oil Corporation Ltd. vs. M/s Shree Ganesh […]

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum (1 February 2022) Read Post »

Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Delay in Arbitration Proceedings, Deposit of Awarded Amount, Interim Orders, Judges, M.R. Shah, Recall of Orders, Sanjiv Khanna, Supreme Court Judgments

Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022) LEGAL ISSUE: Whether the Supreme Court should recall its previous order directing a party to deposit an amount as per a High Court order in an arbitration matter. CASE TYPE: Arbitration Case

Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022) Read Post »

Supreme Court Appoints Arbitrator Despite Stamp Duty Dispute: Intercontinental Hotels vs. Waterline Hotels (25 January 2022)

/ Appointment of Arbitrator, Arbitration Law, Arbitration Law with Section 11, Hima Kohli, Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 2, Judges, Karnataka Stamp Act, 1957, Karnataka Stamp Act, 1957 with Article 5, Karnataka Stamp Act, 1957 with Section 34, N.V. Ramana, Surya Kant

Supreme Court Appoints Arbitrator Despite Stamp Duty Dispute: Intercontinental Hotels vs. Waterline Hotels (25 January 2022) LEGAL ISSUE: Whether an arbitration agreement within an unstamped or insufficiently stamped contract is valid and enforceable. CASE TYPE: Arbitration Case Name: Intercontinental Hotels Group (India) Pvt. Ltd. & Anr. vs. Waterline Hotels Pvt. Ltd. Judgment Date: 25 January

Supreme Court Appoints Arbitrator Despite Stamp Duty Dispute: Intercontinental Hotels vs. Waterline Hotels (25 January 2022) Read Post »

Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022)

/ Arbitration Law, Enforcement of Arbitral Awards, Judges, M.R. Shah, Sanjiv Khanna, Special Leave Petition, Supreme Court Procedure, Supreme Court Procedure with Recall of Order

Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022) LEGAL ISSUE: Whether the Supreme Court should recall its order directing a party to deposit an amount as per a High Court order in an arbitration matter. CASE TYPE: Arbitration Case Name:

Supreme Court Refuses to Recall Order on Deposit in Arbitration Case: Dharmesh S. Jain vs. Urban Infrastructure Real Estate Fund (25 January 2022) Read Post »

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022)

/ A.S. Bopanna, Arbitration Act, 1940, Arbitration Act, 1940 with Section 30, Arbitration Law, Contract Law, Contract Termination, Hima Kohli, Judges, Judicial Review of Arbitral Awards, Mitigation of Damages, N.V. Ramana

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022) LEGAL ISSUE: Whether the High Court can interfere with an arbitral award under the Arbitration Act, 1940, by re-appreciating evidence and substituting its own view on contract interpretation. CASE TYPE: Arbitration Law, Contract Law Case Name:

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022) Read Post »

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Limited vs. Union of India (2022)

/ A.S. Bopanna, Arbitration Act, 1940, Arbitration Law, Arbitration Law with Section 30, Arbitration Law with Section 33, Hima Kohli, Judges, N.V. Ramana

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Limited vs. Union of India (2022) LEGAL ISSUE: Whether the High Court can interfere with an arbitral award under the Arbitration Act, 1940, by re-appreciating evidence and substituting its own view, especially on issues of contract termination and compensation for idle machinery.

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Limited vs. Union of India (2022) Read Post »

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022)

/ A.S. Bopanna, Arbitration Act, 1940, Arbitration Law, Arbitration Law with Section 30, Breach of contract, Contract Law, Contract Law with Clause 70, Hima Kohli, Judges, N.V. Ramana

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022) LEGAL ISSUE: Whether the High Court can interfere with an arbitral award under the Arbitration Act, 1940, by re-appreciating evidence and substituting its own view, particularly on matters of contract interpretation, extension of time, and idle

Supreme Court Upholds Arbitrator’s Award on Contract Termination and Idle Hire Charges: Atlanta Ltd. vs. Union of India (2022) Read Post »

Supreme Court Upholds Compound Interest in Arbitration, Dismisses State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (2022)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 31(7)(a), Arbitration Law with Section 34, Contract Law, Contractual Interpretation, Hima Kohli, Judges, Merger of Agreements, N.V. Ramana

Supreme Court Upholds Compound Interest in Arbitration, Dismisses State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (2022) LEGAL ISSUE: Whether an arbitral tribunal can award compound interest and whether a Memorandum of Understanding (MoU) merges into an Implementation Agreement. CASE TYPE: Arbitration Law Case Name: UHL Power Company Ltd. vs. State of

Supreme Court Upholds Compound Interest in Arbitration, Dismisses State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (2022) Read Post »

Supreme Court Upholds Compound Interest in Arbitration, Rejects State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (2022)

/ A.S. Bopanna, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 31(7)(b), Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Arbitration Law, Compound Interest in Arbitration, Hima Kohli, Judges, Merger of Agreements, N.V. Ramana

Supreme Court Upholds Compound Interest in Arbitration, Rejects State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (2022) LEGAL ISSUE: Whether an arbitral tribunal can award compound interest and whether a Memorandum of Understanding (MoU) merges into an Implementation Agreement. CASE TYPE: Arbitration Law Case Name: UHL Power Company Ltd. vs. State of

Supreme Court Upholds Compound Interest in Arbitration, Rejects State’s Appeal: UHL Power Company Ltd. vs. State of Himachal Pradesh (2022) Read Post »

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Curable Defects, Hrishikesh Roy, Judges, Patent Illegality, R. Subhash Reddy, Remission of Arbitral Award

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022) LEGAL ISSUE: Whether a court can remit an arbitral award to the tribunal under Section 34(4) of the Arbitration and Conciliation Act, 1996, when there is a lack of a finding on a key issue, or only when there are

Supreme Court Upholds High Court Decision on Arbitration Award Remission: I-Pay vs. ICICI Bank (2022) Read Post »

Supreme Court quashes order passed by MSME Council for not following Arbitration Act: Jharkhand Urja Vikas Nigam Ltd. vs. State of Rajasthan (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 34, Dispute Resolution, Indira Banerjee, Judges, Micro, Small and Medium Enterprises Development Act, 2006, MSMED Act with Section 18, R. Subhash Reddy

Supreme Court quashes order passed by MSME Council for not following Arbitration Act: Jharkhand Urja Vikas Nigam Ltd. vs. State of Rajasthan (2021) LEGAL ISSUE: Whether the Micro and Small Enterprises Facilitation Council (MSEFC) can pass an order for payment without initiating proper arbitration proceedings as per the Arbitration and Conciliation Act, 1996. CASE TYPE:

Supreme Court quashes order passed by MSME Council for not following Arbitration Act: Jharkhand Urja Vikas Nigam Ltd. vs. State of Rajasthan (2021) Read Post »

Supreme Court settles jurisdiction in works contract arbitration: M.P. Housing Board vs. K.P. Dwivedi (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 34, B.V. Nagarathna, Judges, M. R. Shah, Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, Works Contract

Supreme Court Settles Jurisdiction in Works Contract Arbitration: M.P. Housing Board vs. K.P. Dwivedi (2021) LEGAL ISSUE: Whether a fresh arbitration reference is maintainable before the Madhya Pradesh Arbitration Tribunal when an earlier arbitration award by a court-appointed arbitrator for the same dispute exists. CASE TYPE: Arbitration Law, Works Contract Case Name: M.P. Housing and

Supreme Court settles jurisdiction in works contract arbitration: M.P. Housing Board vs. K.P. Dwivedi (2021) Read Post »

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