Supreme Court Upholds Rejection of Belated Claim in Insolvency: RPS Infrastructure Ltd. vs. Mukul Kumar (2023) Date of the Judgment: September 11, 2023 Citation: 2023 INSC 816 Judges: Sanjay Kishan Kaul, J. and Sudhanshu Dhulia, J. Can a creditor, who missed the initial deadline, have their claim considered after the resolution plan has been approved […]
Supreme Court Upholds Enforcement of Foreign Arbitral Award Against Non-Signatories Date of the Judgment: 5 July 2023 Citation: (2023) INSC 610 Judges: B.R. Gavai, J. and Vikram Nath, J. Can a foreign arbitral award be enforced against individuals or entities not directly party to the arbitration agreement? The Supreme Court of India, in this review
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 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 Dismisses Arbitration Petition Due to Limitation: M/S B AND T AG vs. Ministry of Defence (2023) Date of the Judgment: May 18, 2023 Citation: 2023 INSC 480 Judges: Dr. Dhananjaya Y. Chandrachud, CJI and J. B. Pardiwala, J. Can a party initiate arbitration proceedings years after the cause of action arises, simply because
Supreme Court Dismisses Arbitration Petition Due to Limitation: B&T AG vs. Ministry of Defence (2023) LEGAL ISSUE: Whether a petition for the appointment of an arbitrator can be dismissed if the claims are time-barred. CASE TYPE: Arbitration Case Name: M/S B AND T AG vs. MINISTRY OF DEFENCE [Judgment Date]: 18 May 2023 Date of
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 Pre-Referral Jurisdiction on Arbitration Agreements: Magic Eye Developers vs. Green Edge Infrastructure (2023) LEGAL ISSUE: Scope of pre-referral jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Act, 1996 regarding the existence and validity of an arbitration agreement. CASE TYPE: Arbitration Law Case Name: Magic Eye Developers Pvt. Ltd.
Supreme Court Upholds Arbitral Award on Power Purchase Agreement: Reliance Infrastructure Ltd. vs. State of Goa (2023) Date of the Judgment: May 10, 2023 Citation: 2023 INSC 448 Judges: Dinesh Maheshwari, J., Sanjay Kumar, J. Can a court interfere with an arbitrator’s decision on a complex commercial contract? The Supreme Court recently addressed this question
Supreme Court Upholds Arbitral Award on Power Purchase Agreement Dispute Date of the Judgment: 10 May 2023 Citation: (2023) INSC 514 Judges: Justices Dinesh Maheshwari and Sanjay Kumar. This was a unanimous decision by a two-judge bench, with the opinion authored by Justice Dinesh Maheshwari. Can an arbitral award be overturned by a court simply
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 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
