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 Upholds Forfeiture of Security Deposit and Modifies Interest Rate in Construction Contract Dispute Date of the Judgment: 17 March 2023 Citation: (2023) INSC 248 Judges: M. R. Shah, J. and M.M. Sundresh, J. Can a contractor’s security deposit be forfeited if they fail to complete work, even if the termination notice cites an
Supreme Court Upholds Bhopal Gas Tragedy Settlement, Dismisses Curative Petition: Union of India vs. Union Carbide Corporation (2023) Date of the Judgment: March 14, 2023 Citation: (2023) INSC 228 Judges: Sanjay Kishan Kaul, J., Sanjiv Khanna, J., Abhay S. Oka, J., Vikram Nath, J., and J.K. Maheshwari, J. Can a decades-old settlement, reached to provide
Supreme Court Dismisses Curative Petition in Bhopal Gas Tragedy Case: Union of India vs. Union Carbide Corporation (2023) LEGAL ISSUE: Whether the Supreme Court can re-examine a settlement reached in a case of mass disaster, specifically concerning the adequacy of compensation, after a lapse of several years and multiple reviews. CASE TYPE: Civil (Curative Petition)
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 Upholds Dismissal of Arbitration Award in Partnership Dispute LEGAL ISSUE: Whether an arbitral award based on accounts spanning 21 years, with a counter-claim made after a significant delay, is against public policy and can be set aside. CASE TYPE: Arbitration. Case Name: Super Diamond Tools & Ors. vs. K. Mohan Rao. Judgment Date:
Supreme Court Allows Additional Evidence in Arbitration Case: Alpine Housing vs. Ashok Dhariwal (2023) LEGAL ISSUE: Whether an applicant can be permitted to adduce additional evidence to support their case in an application under Section 34 of the Arbitration and Conciliation Act, 1996, specifically concerning public policy grounds. CASE TYPE: Arbitration Case Name: M/s Alpine
Supreme Court permits evidence in Section 34 Arbitration Act: Alpine Housing vs. Ashok Dhariwal (2023) LEGAL ISSUE: Whether a party can adduce evidence to support a challenge to an arbitral award based on public policy grounds under Section 34 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: M/s Alpine Housing Development
Supreme Court Clarifies Interest Calculation on Decreed Amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022) Date of the Judgment: 08 December 2022 Citation: [Not Available in Source] Judges: Sanjiv Khanna, J. and Sudhanshu Dhulia, J. Can interest be claimed on a decreed amount when a portion of it has already been paid and withdrawn by
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 Orders Arbitration in Shareholder Dispute: VGP Marine Kingdom vs. Kay Ellen Arnold (2022) LEGAL ISSUE: Whether a court can refuse to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, if prior arbitration proceedings or related matters are pending before the National Company Law Tribunal (NCLT). CASE TYPE: Arbitration
Supreme Court Clarifies MSMED Act’s Overriding Effect on Arbitration Act in Disputes: Gujarat State Civil Supplies Corporation Ltd. vs. Mahakali Foods Pvt. Ltd. (2022) LEGAL ISSUE: Whether the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) override the provisions of the Arbitration and Conciliation Act, 1996 when there is an
