Arbitration Clause

MSME Act Jurisdiction Clarified: Supreme Court Rules on Foreign Buyers in Vaishno Enterprises vs. Hamilton Medical AG (24 March 2022)

/ Arbitration Clause, B. V. Nagarathna, Contract Law, Judges, Jurisdiction, M. R. Shah, Micro, Small and Medium Enterprises Development Act, 2006, Micro, Small and Medium Enterprises Development Act, 2006 with Section 18, Micro, Small and Medium Enterprises Development Act, 2006 with Section 2(n)

Supreme Court clarifies MSME Act applicability to foreign buyers: Vaishno Enterprises vs. Hamilton Medical AG (2022) LEGAL ISSUE: Applicability of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) to disputes where the buyer is a foreign entity. CASE TYPE: Commercial Dispute Resolution. Case Name: M/s. Vaishno Enterprises vs. Hamilton Medical AG & […]

MSME Act Jurisdiction Clarified: Supreme Court Rules on Foreign Buyers in Vaishno Enterprises vs. Hamilton Medical AG (24 March 2022) Read Post »

Supreme Court clarifies appointment of arbitrators in railway contracts: Central Organisation for Railway Electrification vs. M/S ECI-SPIC-SMO-MCML (JV) (17 December 2019)

/ A.S. Bopanna, Appointment of Arbitrator, Arbitration Clause, Arbitration Law, Arbitration Law with Section 11, Arbitration Law with Section 12(5), Contract Law, General Conditions of Contract, Hrishikesh Roy, Judges, R. Banumathi

Supreme Court on Appointment of Arbitrators in Railway Contracts: Central Organisation for Railway Electrification vs. M/S ECI-SPIC-SMO-MCML (JV) (2019) LEGAL ISSUE: Whether an independent arbitrator can be appointed by the High Court when the contract specifies a panel of arbitrators. CASE TYPE: Arbitration Law Case Name: Central Organisation for Railway Electrification vs. M/S ECI-SPIC-SMO-MCML (JV)

Supreme Court clarifies appointment of arbitrators in railway contracts: Central Organisation for Railway Electrification vs. M/S ECI-SPIC-SMO-MCML (JV) (17 December 2019) Read Post »

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019)

/ Arbitration Clause, Arbitration Law, Constitutional Law, Constitutional Law with Article 14, Contract Law, Contract of Adhesion, Judges, R.F. Nariman, Tender Conditions, Vineet Saran

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

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) 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 Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018)

/ A.M. Khanwilkar, Arbitration Clause, Arbitration Law, Clause 13, Insurance Policy, Contract Law, D.Y. Chandrachud, Dipak Misra, Insurance Law, Interpretation of Contracts, Judges, Repudiation of Claim, Section 11(6), Arbitration and Conciliation Act, 1996

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) LEGAL ISSUE: Interpretation of arbitration clauses in insurance policies, specifically when the insurer denies liability. CASE TYPE: Arbitration Law, Insurance Law Case Name: Oriental Insurance Company Limited vs. M/s Narbheram Power and Steel Pvt. Ltd. Judgment Date: May 02, 2018

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) Read Post »

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