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 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 clarifies incorporation of arbitration clauses by reference: Elite Engineering vs. Techtrans Construction (2018) LEGAL ISSUE: Whether an arbitration clause from a main contract can be incorporated into a sub-contract by reference. CASE TYPE: Arbitration Law Case Name: M/S. Elite Engineering and Construction (Hyd.) Private Limited vs. M/S. Techtrans Construction India Private Limited Judgment
