Contract Law Archives

Supreme Court Upholds Enforcement of Foreign Arbitral Awards in Contract Disputes: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (20 February 2019)

February 20, 2019 / A.M. Khanwilkar, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 48, Breach of contract, Contract Law, Enforcement of Foreign Awards, GAFTA 125, GAFTA 48, Judges, Res Judicata

Supreme Court Upholds Enforcement of Foreign Arbitral Awards in LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (2019) LEGAL ISSUE: Enforceability of foreign arbitral awards. CASE TYPE: Arbitration Case Name: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. Judgment Date: 20 February 2019 Introduction Date of the Judgment: 20 February 2019 Citation: (2019) INSC 147 […]

Supreme Court Upholds Enforcement of Foreign Arbitral Awards in Contract Disputes: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (20 February 2019) Read Post »

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

February 18, 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)

February 15, 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 extends interest on delayed flat possession: R V Prasannakumar vs. Mantri Castles (2019)

February 11, 2019 / Breach of contract, Compensation, Consumer Disputes Redressal, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12(1)(c), Contract Law, Contractual Obligations, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges

Supreme Court extends interest on delayed flat possession: R V Prasannakumar vs. Mantri Castles (2019) LEGAL ISSUE: Whether the liability of a developer to pay interest for delayed possession of a flat should be limited to a specific date or should continue until actual possession is offered. CASE TYPE: Consumer Law. Case Name: R V

Supreme Court extends interest on delayed flat possession: R V Prasannakumar vs. Mantri Castles (2019) Read Post »

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

February 7, 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 Clarifies Halt Contractor Preference: Union of India vs. Md. Samim Azad (2019)

February 1, 2019 / Appointment of Heirs, Civil Service Law, Contract Law, Contract Law with Circular dated May 17, 1999, Halt Contractor Appointment, Judges, R. Banumathi, R. Subhash Reddy

Supreme Court Clarifies Halt Contractor Preference: Union of India vs. Md. Samim Azad (2019) LEGAL ISSUE: Whether a person can claim preference as an heir of a deceased halt contractor when the original contract had expired and was not renewed. CASE TYPE: Civil Service/Contract Law Case Name: Union of India & Ors. vs. Md. Samim

Supreme Court Clarifies Halt Contractor Preference: Union of India vs. Md. Samim Azad (2019) Read Post »

Supreme Court Upholds Insured Value in Total Loss Claim: Sumit Kumar Saha vs. Reliance General Insurance Co. Ltd. (2019)

January 30, 2019 / Contract Law, Contract Law with Breach of Contract, Contractual Obligations, Insurance Law, Insurance Law with Depreciation, Insurance Law with Sum Insured, Judges, R. Subhash Reddy, Total Loss Claims, Uday Umesh Lalit

Supreme Court Upholds Insured Value in Total Loss Claim: Sumit Kumar Saha vs. Reliance General Insurance Co. Ltd. (2019) Date of the Judgment: January 30, 2019 Citation: Civil Appeal No. 1299 of 2019 (Arising out of Special Leave Petition (Civil) No. 27695 of 2018) Judges: Uday Umesh Lalit, J., R. Subhash Reddy, J. Can an

Supreme Court Upholds Insured Value in Total Loss Claim: Sumit Kumar Saha vs. Reliance General Insurance Co. Ltd. (2019) Read Post »

Supreme Court Upholds Strict Tender Compliance in Vidarbha Irrigation Case (23 January 2019)

January 23, 2019 / Contract Law, Contract Law with Clause 2.22, Contract Law with Clause 2.35, Judges, Navin Sinha, Rohinton F. Nariman, Tender Conditions

Supreme Court Upholds Strict Tender Compliance in Vidarbha Irrigation Case (23 January 2019) LEGAL ISSUE: Whether a deviation from the stipulated period of a bank guarantee in a tender document can be condoned. CASE TYPE: Government Contract Law. Case Name: Vidarbha Irrigation Development Corporation vs. M/S Anoj Kumar Garwala. [Judgment Date]: 23 January 2019 Date

Supreme Court Upholds Strict Tender Compliance in Vidarbha Irrigation Case (23 January 2019) Read Post »

Supreme Court Orders Additional Compensation in LIC Policy Dispute: Madhav Hari Joshi vs. Life Insurance Corporation of India (2019) INSC 1

January 4, 2019 / Breach of contract, Consumer Law, Consumer Protection Act, 1986, Contract Law, D.Y. Chandrachud, Deficiency of Service, Hemant Gupta, Insurance Law, Jeevan Aastha Plan, Judges, Life Insurance Corporation of India

Supreme Court Orders Additional Compensation in LIC Policy Dispute Date of the Judgment: January 4, 2019 Citation: (2019) INSC 1 Judges: Hon’ble Dr. Justice D.Y. Chandrachud and Hon’ble Mr. Justice Hemant Gupta. This was a two-judge bench. Can an insurance company withhold a policy and a customer’s money after accepting a proposal and premium? The

Supreme Court Orders Additional Compensation in LIC Policy Dispute: Madhav Hari Joshi vs. Life Insurance Corporation of India (2019) INSC 1 Read Post »

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019)

January 3, 2019 / Abhay Manohar Sapre, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 15(2), Breach of contract, Concession Agreement, Contract Law, Fifth Schedule of the Arbitration and Conciliation Act, 1996, Indu Malhotra, Judges, Termination of Mandate of Arbitrator

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019) Date of the Judgment: January 3, 2019 Citation: (2019) INSC 3 Judges: Justice Abhay Manohar Sapre and Justice Indu Malhotra Can an arbitral institution appoint a substitute arbitrator when one

Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019) Read Post »

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

December 4, 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 Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018)

November 22, 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 »