LEGAL ISSUE: Whether a clause in a construction contract can validly bar a contractor from claiming damages for delays caused by the employer. CASE TYPE: Arbitration Law Case Name: M/s. C & C Constructions Ltd. vs. IRCON International Ltd. [Judgment Date]: 31 January 2025 Date of the Judgment: 31 January 2025 Citation: 2025 INSC 138 […]
Supreme Court Clarifies Independence of Arbitrators in Public-Private Contracts (2024) LEGAL ISSUE: Whether an appointment process which allows a party who has an interest in the dispute to unilaterally appoint a sole arbitrator or curate a panel of arbitrators is valid in law. CASE TYPE: Arbitration Law Case Name: Central Organisation for Railway Electrification v.
Supreme Court Settles the Independence of Arbitrators in Public-Private Contracts (2024) Read Post »
Supreme Court Upholds Contractual Bar on Pendente Lite Interest in Arbitration: Garg Builders vs. BHEL (2021) LEGAL ISSUE: Whether an arbitrator can award pendente lite interest when the contract between the parties explicitly bars it. CASE TYPE: Arbitration Law Case Name: Garg Builders vs. Bharat Heavy Electricals Limited [Judgment Date]: October 4, 2021 Introduction Date
Date of the Judgment: 20 April 2021 Citation: 2021 INSC 208 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can two Indian companies choose a foreign country as the seat of arbitration? The Supreme Court of India addressed this important question in a recent judgment, clarifying the scope of “foreign awards” under the
