Arbitration Law

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Arbitration Law, Contract Law, Interpretation of Contracts, Judges, Mohan M. Shantanagoudar, Vineet Saran

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019) Date of the Judgment: February 18, 2019 Citation: [Not Available in Source] Judges: Mohan M. Shantanagoudar, J., Vineet Saran, J. Can a party avoid an arbitration award by claiming the dispute was outside the scope of the original agreement? The Supreme Court of India, […]

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019) Read Post »

Supreme Court settles the validity of arbitration clause incorporation by reference in Coal India dispute (15 February 2019)

/ Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7(5), Contract Law, General Reference, Incorporation by reference, Indu Malhotra, Judges, Standard Form Contracts, Uday Umesh Lalit

Supreme Court Upholds Incorporation of Arbitration Clause by Reference in Coal India Dispute Date of the Judgment: 15 February 2019 Citation: Giriraj Garg v. Coal India Ltd. & Ors. (2019) INSC 123 Judges: Uday Umesh Lalit, J. and Indu Malhotra, J. Can an arbitration clause in a parent scheme be automatically applied to individual sale

Supreme Court settles the validity of arbitration clause incorporation by reference in Coal India dispute (15 February 2019) Read Post »

Supreme Court Upholds Contractual Bar on Interest in Arbitration: Jaiprakash Associates Ltd. vs. THDC (2019)

/ A.K. Sikri, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 31(7)(a), Contract Law, Contract Law with Clause 50, Contract Law with Clause 51, Contractual Interpretation, Judges, M. R. Shah, S. Abdul Nazeer

Supreme Court Upholds Contractual Bar on Interest in Arbitration: Jaiprakash Associates Ltd. vs. THDC (2019) LEGAL ISSUE: Whether an arbitrator can award interest when the contract between parties explicitly prohibits it. CASE TYPE: Arbitration Law Case Name: Jaiprakash Associates Ltd. vs. Tehri Hydro Development Corporation India Ltd. Judgment Date: 07 February 2019 Date of the

Supreme Court Upholds Contractual Bar on Interest in Arbitration: Jaiprakash Associates Ltd. vs. THDC (2019) Read Post »

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 12, Constitutional Law, Constitutional Law with Article 142, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Date of the Judgment: January 23, 2019 Citation: 2019 INSC 65 Judges: R. Banumathi, J. and Indira Banerjee, J. Can a party bypass a pre-agreed arbitration clause and seek the appointment of an independent arbitrator? The Supreme Court of India recently

Supreme Court Upholds Contractual Arbitration Clause: Rajasthan Small Industries Corporation vs. Ganesh Containers (2019) Read Post »

Supreme Court Sets Aside Delay Condonation in Arbitration Case: Simplex Infrastructure Ltd vs. Union of India (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Dhananjaya Y Chandrachud, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 14, Vineet Saran

Supreme Court Sets Aside Delay Condonation in Arbitration Case: Simplex Infrastructure Ltd vs. Union of India (2018) LEGAL ISSUE: Whether a delay beyond the statutorily prescribed limit for filing an application to set aside an arbitral award can be condoned. CASE TYPE: Arbitration Law Case Name: M/S Simplex Infrastructure Ltd vs. Union of India [Judgment

Supreme Court Sets Aside Delay Condonation in Arbitration Case: Simplex Infrastructure Ltd vs. Union of India (2018) Read Post »

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute: SP Singla Constructions vs. State of Himachal Pradesh (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration Clause, Arbitration Law, Arbitration Law with Section 11(6), Arbitration Law with Section 26, Construction Contracts, Contract Law, Indira Banerjee, Judges, R. Banumathi

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute LEGAL ISSUE: Whether a departmental employee can be appointed as an arbitrator as per the arbitration clause in a contract, and whether the 2015 Amendment to the Arbitration and Conciliation Act, 1996 applies to arbitral proceedings commenced before the amendment. CASE TYPE: Arbitration Law Case

Supreme Court Upholds Departmental Arbitrator Appointment in Construction Contract Dispute: SP Singla Constructions vs. State of Himachal Pradesh (2018) Read Post »

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case (30 November 2018)

/ Arbitration Law, Arbitration Law with Section 34, Arbitration Law with Section 9, Dhananjaya Y. Chandrachud, Interim Measures, Judges, M.R. Shah

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case LEGAL ISSUE: Whether a High Court can pass an order on a post-award application under Section 9 of the Arbitration and Conciliation Act, 1996 before the expiry of the limitation period for challenging the award under Section 34 of the same Act.

Supreme Court Sets Aside High Court Order on Post-Award Application in Arbitration Case (30 November 2018) Read Post »

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration Law, Contract Law, Dispute Resolution Clauses, Interpretation of Contracts, Judges, L. Nageswara Rao, S.A. Bobde

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (2018) LEGAL ISSUE: Whether a clause providing for an appeal to a higher authority within an organization constitutes an arbitration agreement. CASE TYPE: Arbitration Law Case Name: South Delhi Municipal Corporation vs. SMS AAMW Tollways

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018) Read Post »

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018)

/ A.M. Khanwilkar, Agency Agreement, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 11(9), Arbitration Law, Contract Law, D.Y. Chandrachud, Dipak Misra, Judges

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Date of the Judgment: September 19, 2018 Citation: Not Available Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a party compel another to arbitration when a dispute arises from a commercial agreement? The Supreme Court of India

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Read Post »

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018)

/ Arbitration Agreement, Arbitration Law, Breach of contract, Contract Interpretation, Contract Law, Indu Malhotra, Judges, Memorandum of Understanding, R.F. Nariman

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) LEGAL ISSUE: Whether a clause in a Memorandum of Understanding (MoU) constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Shyam Sunder Agarwal vs. P. Narotham Rao and Ors. Judgment Date: July 23, 2018 Date

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) Read Post »

Right of First Refusal Requires Participation in Tender: Supreme Court Rules in National Highways Authority of India vs. Gwalior Jhansi Expressway Limited (2018)

/ A.M. Khanwilkar, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 17, Contract Law, Contract Law with Right of First Refusal, D.Y. Chandrachud, Dipak Misra, Judges, Tender Process

Supreme Court on Right of First Refusal in Tender Process: National Highways Authority of India vs. Gwalior Jhansi Expressway Limited (2018) LEGAL ISSUE: Whether the Right of First Refusal (ROFR) can be exercised without participating in a tender process. CASE TYPE: Arbitration Law, Contract Law Case Name: National Highways Authority of India vs. Gwalior Jhansi

Right of First Refusal Requires Participation in Tender: Supreme Court Rules in National Highways Authority of India vs. Gwalior Jhansi Expressway Limited (2018) Read Post »

Supreme Court Upholds Arbitrator’s Power to Award Interest Pendente Lite in Contract Disputes: Raveechee and Co. vs. Union of India (3 July 2018)

/ Arbitration Act of 1940 with Section 17, Arbitration Law, Arbitrator's Power, Breach of contract, Contract Interpretation, Contract Law, Interest Pendente Lite, Judges, L. Nageswara Rao, S.A. Bobde

Supreme Court Upholds Arbitrator’s Power to Award Interest Pendente Lite: Raveechee and Co. vs. Union of India (2018) LEGAL ISSUE: Whether a clause in a contract barring interest on certain amounts also restricts an arbitrator’s power to award interest pendente lite. CASE TYPE: Arbitration Law. Case Name: M/s Raveechee and Co. vs. Union of India.

Supreme Court Upholds Arbitrator’s Power to Award Interest Pendente Lite in Contract Disputes: Raveechee and Co. vs. Union of India (3 July 2018) Read Post »

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