Supreme Court Clarifies Incorporation of Arbitration Clauses in Linked Agreements Date of the Judgment: March 13, 2023 Citation: 2023 INSC 232 Judges: Dr Dhananjaya Y Chandrachud, CJI, Pamidighantam Sri Narasimha, J, J B Pardiwala, J Can an arbitration clause in one agreement be considered part of another agreement if the two are linked? The Supreme […]
Supreme Court clarifies execution of decree in specific performance case: Sanwarlal Agrawal vs. Ashok Kumar Kothari (2023) LEGAL ISSUE: Whether an executing court can go beyond the decree and include aspects not explicitly mentioned in the decree based on pleadings and other documents. CASE TYPE: Civil, Specific Performance Case Name: Sanwarlal Agrawal & Ors. vs.
Supreme Court Upholds Contractor’s Right to Escalation: State of Madhya Pradesh vs. M/S Sew Construction Limited (2022) LEGAL ISSUE: Whether a contractor is entitled to claim escalation costs when an alternative quarry is provided due to depletion of the original quarry, despite a clause in the contract stating that quoted rates are inclusive of all
Supreme Court clarifies the scope of marine insurance policies in fire loss claims: United India Insurance Co. Ltd. vs. Levi Strauss (India) Pvt. Ltd. (2022) LEGAL ISSUE: Interpretation of “marine policy” and its interplay with standard fire and special perils policies. CASE TYPE: Insurance Law. Case Name: United India Insurance Co. Ltd. vs. Levi Strauss
Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum LEGAL ISSUE: Whether an arbitrator, appointed under a dealership agreement, can modify the terms of a separate lease agreement between the same parties. CASE TYPE: Contract Law, Arbitration Law Case Name: Indian Oil Corporation Ltd. vs. M/s Shree Ganesh
Supreme Court Partially Upholds Arbitration Award on Coal Price Escalation: Parsa Kente Collieries vs. Rajasthan Rajya Vidyut Utpadan Nigam (2019) LEGAL ISSUE: Whether the High Court was justified in interfering with the arbitral award passed by the learned Arbitrator, confirmed by the learned Commercial Court, in an appeal under Section 37 of the Arbitration and
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 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 Appoints Arbitrator in IBI Consultancy vs. DSC Limited Dispute (2018) LEGAL ISSUE: Appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: IBI Consultancy India Private Limited vs. DSC Limited [Judgment Date]: April 16, 2018 Introduction Date of the Judgment: April 16, 2018 Citation:
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Can a contractor claim additional payments for work beyond the original contract? The Supreme Court of India recently addressed this question in a case involving a construction contract dispute. The court examined whether a contractor was entitled to extra payments for stone pitching and water lead, ultimately ruling against the contractor. This judgment highlights the
