Supreme Court Restores Arbitrator’s Award in Land Development Dispute: Jagjeet Singh Lyallpuri vs. Unitop Apartments (2019) LEGAL ISSUE: Whether an arbitral award can be set aside for procedural lapses when parties agreed to the procedure. CASE TYPE: Arbitration Case Name: Jagjeet Singh Lyallpuri (dead) Through Lrs. & Ors. vs. M/s Unitop Apartments & Builders Ltd. […]
Supreme Court Strikes Down Section 87 of the Arbitration Act: Hindustan Construction Company vs. Union of India (2019) LEGAL ISSUE: Whether Section 87 of the Arbitration and Conciliation Act, 1996, and the repeal of Section 26 of the 2015 Amendment Act are constitutionally valid. CASE TYPE: Constitutional Law, Arbitration Law Case Name: Hindustan Construction Company
Supreme Court Clarifies Arbitrator Appointment in Railway Contracts: Union of India vs. Pradeep Vinod Construction Company (2019) LEGAL ISSUE: The core legal issue revolves around the correct procedure for appointing arbitrators in disputes arising from railway contracts, especially when the contract specifies the appointment of railway officers as arbitrators. CASE TYPE: This case falls under
Supreme Court clarifies the effect of Amendment of Agreement on Arbitration Clause in construction contracts: WAPCOS Ltd. vs. Salma Dam Joint Venture (2019) LEGAL ISSUE: Whether an Amendment of Agreement (AoA) supersedes the original arbitration clause in a contract. CASE TYPE: Arbitration Law Case Name: WAPCOS Ltd. vs. Salma Dam Joint Venture & Anr. Judgment
Supreme Court Upholds “Excepted Matter” Clause in Construction Contract: Mitra Guha Builders vs. ONGC (2019) LEGAL ISSUE: Whether the levy of pre-estimated liquidated damages by a Superintending Engineer, as per a contract clause, is an arbitrable matter or an “excepted matter.” CASE TYPE: Contract/Arbitration Law Case Name: M/S. MITRA GUHA BUILDERS (INDIA) COMPANY vs. OIL
Supreme Court Upholds Forfeiture of Security Deposit in Contract Dispute: Vijay Trading vs. Central Warehousing (2019) LEGAL ISSUE: Whether the forfeiture of a security deposit and detention of equipment by the Central Warehousing Corporation was justified due to a contractor’s failure to perform contractual obligations. CASE TYPE: Arbitration Case Name: M/s Vijay Trading and Transport
Supreme Court Appoints Sole Arbitrator in Dispute Between M/S. Shaf Broadcast Pvt. Ltd. and Doordarshan (2019) LEGAL ISSUE: Appointment of an arbitrator in an international commercial arbitration. CASE TYPE: Arbitration Case Name: M/S. Shaf Broadcast Pvt. Ltd. vs. Doordarshan – A Constituent of Prasar Bharti & Anr. Judgment Date: 7 November 2019 Introduction Date of
Supreme Court Upholds Arbitral Award in Contract Termination Dispute: State of Jharkhand vs. M/s HSS Integrated SDN (2019) LEGAL ISSUE: Whether the termination of a contract by the State of Jharkhand was legal and in accordance with the terms of the contract. CASE TYPE: Arbitration Case Name: The State of Jharkhand & Ors. vs. M/s
Geo Miller & Co. Pvt. Ltd. vs. Rajasthan Vidyut Utpadan Nigam Ltd.: Supreme Court on Limitation in Arbitration LEGAL ISSUE: Whether arbitration claims are barred by limitation based on the date the cause of action arose or the date of dispute. CASE TYPE: Arbitration Law Case Name: M/s Geo Miller & Co. Pvt. Ltd. vs.
Supreme Court Clarifies Compensation Under National Highways Act: Union of India vs. Balwant Singh (2019) Date of the Judgment: September 03, 2019 Citation: Civil Appeal Nos. 6981-6982 of 2019 (Arising out of SLP (C) Nos. 10200-10201/2019) with Civil Appeal Nos. 6983-6984 of 2019 (Arising out of SLP (C) Nos. 11117-11118/2019) Judges: Justice Rohinton Fali Nariman
Supreme Court Sets Aside Arbitral Award Due to Arbitrator’s Conflict of Interest: Vinod Bhaiyalal Jain & Ors. vs. Wadhwani Parmeshwari Cold Storage Pvt. Ltd. (2019) LEGAL ISSUE: Whether an arbitrator’s prior professional relationship with one of the parties constitutes a conflict of interest, warranting the setting aside of the arbitral award. CASE TYPE: Arbitration Law
Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) LEGAL ISSUE: Whether a clause in a tender requiring a 10% deposit of the claimed amount to invoke arbitration is arbitrary and violates Article 14 of the Constitution of India. CASE TYPE: Arbitration Law, Contract
