Commercial Law Archives

Supreme Court Clarifies “Seat” of Arbitration Under the Arbitration Act, 1996: BGS SGS SOMA JV vs. NHPC LTD. (2019) INSC 1052 (10 December 2019)

December 10, 2019 / Aniruddha Bose, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 20, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 13, Judges, R.F. Nariman, V. Ramasubramanian

Supreme Court Clarifies “Seat” of Arbitration Under the Arbitration Act, 1996 Date of the Judgment: 10 December 2019 Citation: (2019) INSC 1052 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a contractual clause specifying a venue for arbitration proceedings also be considered the “seat” of arbitration, thereby determining which courts have jurisdiction […]

Supreme Court Clarifies “Seat” of Arbitration Under the Arbitration Act, 1996: BGS SGS SOMA JV vs. NHPC LTD. (2019) INSC 1052 (10 December 2019) Read Post »

Supreme Court clarifies “commercial dispute” under Commercial Courts Act: Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP (2019)

October 4, 2019 / A.S. Bopanna, Civil Procedure Code, Civil Procedure Code with Order VII Rule 10, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 2(1)(c)(vii), Commercial Dispute, Judges, R. Banumathi

Supreme Court clarifies “commercial dispute” under Commercial Courts Act: Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP (2019) LEGAL ISSUE: Interpretation of “commercial dispute” concerning immovable property under the Commercial Courts Act, 2015. CASE TYPE: Civil, Commercial Dispute Case Name: Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP & Anr. [Judgment Date]: 4 October 2019

Supreme Court clarifies “commercial dispute” under Commercial Courts Act: Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP (2019) Read Post »

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019)

February 25, 2019 / Change in Law, Commercial Contracts, Contract Law, Electricity Law, Interpretation of Contracts, Judges, Navin Sinha, Power Purchase Agreement, R.F. Nariman

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) LEGAL ISSUE: Whether carrying costs should be included as part of restitution under a Power Purchase Agreement (PPA) when there is a change in law. CASE TYPE: Electricity Law, Contract Law Case Name: Uttar Haryana Bijli Vitran Nigam Ltd. & Anr. vs.

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) Read Post »

Supreme Court Mandates Strict Adherence to Time Limits for Written Statements in Commercial Suits: M/S SCG Contracts India Pvt. Ltd. vs. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. (2019) INSC 107 (12 February 2019)

February 12, 2019 / Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VIII Rule 1, Code of Civil Procedure, 1908 with Order VIII Rule 10, Code of Civil Procedure, 1908 with Section 151, Commercial Courts Act, 2015, Commercial Suits, Judges, R.F. Nariman, Vineet Saran

Supreme Court Mandates Strict Adherence to Time Limits for Written Statements in Commercial Suits Date of the Judgment: 12 February 2019 Citation: (2019) INSC 107 Judges: R.F. Nariman, J., Vineet Saran, J. Can a court extend the deadline for filing a written statement in a commercial suit beyond 120 days, as stipulated by amendments to

Supreme Court Mandates Strict Adherence to Time Limits for Written Statements in Commercial Suits: M/S SCG Contracts India Pvt. Ltd. vs. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. (2019) INSC 107 (12 February 2019) Read Post »

Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018)

May 3, 2018 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Breach of contract, Commercial Contracts, Contract Law, Interconnected Agreements, Judges, R. Banumathi, Ranjan Gogoi

Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018) LEGAL ISSUE: Whether multiple agreements related to a single commercial project can be referred to arbitration even if not all agreements contain an arbitration clause. CASE TYPE: Arbitration Law Case Name: Ameet Lalchand Shah and Others vs. Rishabh Enterprises and Another

Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018) Read Post »

Supreme Court clarifies appealability of foreign award enforcement under Arbitration Act and Commercial Courts Act (7 February 2018)

February 7, 2018 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 50, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 13, Foreign Awards, Judges, Navin Sinha, Rohinton Fali Nariman

Supreme Court Clarifies Appealability of Foreign Award Enforcement Under Arbitration Act and Commercial Courts Act LEGAL ISSUE: Whether an appeal, not maintainable under Section 50 of the Arbitration and Conciliation Act, 1996, is maintainable under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. CASE TYPE: Arbitration

Supreme Court clarifies appealability of foreign award enforcement under Arbitration Act and Commercial Courts Act (7 February 2018) Read Post »