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Amit Malhotra & Anr vs Almond Infrabuild Private ... on 8 December, 2021
M/S Bhatia Builders And ... vs Union Of India And Others on 31 December, 2022
09-DECEMBER-2022
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Jaguar Overseas Limited vs . Union Of India & Anr on 18 April, 2022
Gyan Prakash Arya vs M/s Titan Industries Limited
Except correcting arithmetical or clerical errors, arbitrator has no power to modify the award under Section 33 of the Arbitration and Conciliation Act. Supreme Court.
Mohammed Masroor Shaikh vs Bharat Bhushan Gupta and others.
Civil Appeal 874 of 2022 decided on 2 February 2022.
Justice Indira Banerjee and Justice Abhay S Oka.
Arbitration and Conciliation Act, 1996. When contentions relating to non arbitrability are plainly arguable, the Court must refer the matter for arbitration by default. Supreme Court.
M/S.PRASAD AND COMPANY (PROJECT WORKS) LIMITED vs BHARAT HEAVY ELECTRICALS LIMITED
Arbitration and Conciliation Act, 1996. Dismissal of earlier arbitration proceedings is NOT a bar to initiate fresh arbitration proceedings under the same clause if the claims and disputes are different. Karnataka High Court.
WELSPUN SPECIALTY SOLUTIONS LIMITED (FORMERLY KNOWN AS REMI METALS GUJARAT LTD.) vs OIL AND NATURAL GAS CORPORATION LTD.
Arbitration and Conciliation Act, 1996. Illegality of a trivial nature could not be held to violate the public policy to invalidate arbitration award under Section 34. Supreme Court.
DLF Home Developers Limited vs Rajapura Homes Private Limited & Anr.
Arbitration. Even when an arbitration agreement exists, it would not prevent the Court to decline a prayer for reference if the dispute in question does not correlate to the said agreement.
Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd.
Arbitration and Conciliation Act. Contours of the Court’s power to review arbitral awards explained. Every error of law would not amount to ‘patent illegality’ and erroneous application of law cannot be categorised as patent illegality. Supreme Court
Amazon.com NV Investment Holdings LLC vs Future Retail Limited & ors
Garg Builders vs Bharat Heavy Electricals Limited
Arbitration. If the contract prohibits prereference and pendente lite interest, the arbitrator cannot award interest for the said period. Supreme Court reiterates.
Psa Sical Terminals Pvt Ltd vs The Board of Trustees of V.O Chidambranar Port Trust Tuticorin And Others
Arbitral Tribunal is not a court of law and its orders are not judicial orders. Arbitrator's jurisdiction is confined to four corners of the agreement. Supreme Court reiterates. Also see; discussion on 'public policy of India.
Bharat Sanchar Nigam Limited vs M/S Nortel Networks India Pvt.
Period of limitation to apply under Section 11 is three years as per Article 137 of Schedule I Limitation Act 1963. The Limitation period runs from the date when there is failure to appoint arbitrator.
Ellora Paper Mills Limited vs The State of Madhya Pradesh
Civil Appeal 7697 of 2021 decided on 4 January 2021
Justice M.R. Shah and Justice B.V. Nagarathna
Arbitration and Conciliation Act, 1996. Disqualification under Section 12(5) applies even to pending proceedings commenced under agreements entered prior to 2015 amendment. Supreme Court reiterates..
The Project Director, National Highways No.45 E and 220 National Highways Authority of India vs M Hakeem & Another
Arbitration and Conciliation Act, 1996. Power of court under Section 34 to set aside an award of an arbitrator does NOT include the power to modify such an award. Supreme Court.
Sanjiv Prakash Vs. Seema Kukreja
Whether an agreement with arbitration clause is novated or not cannot be decided in exercise of limited jurisdiction. Issue shall be referred to arbitrator.
M/S N.N. Global Mercantile vs M/S Indo Unique Flame Ltd.
The civil aspect of fraud as defined by Section 17 of the Indian Contract Act can be adjudicated by an Arbitral Tribunal.
PASL Wind Solutions Pvt. Ltd. vs GE Power Conversion India Pvt. Ltd.
Two Indian companies can choose a forum for arbitration outside india. an Arbitral award arising from such an arbitration would be a foreign award.
Government Of Maharashtra vs M/S Borse Brothers Engineers
On 19 March 2021 Supreme Court held that delay beyond prescribed period in filing appeal under Section 37 can be condoned by way of exception.
Amway India Enterprises Pvt. Ltd. vs Ravindranath Rao Sindhia
Individual party to arbitration agreement a national of or habitually resident in any country other than India then Arbitration becomes an international Commercial Arbitration though business is done in India.
M/s. Oriental Structural Engineers Pvt. Ltd. vs State of Kerala
Award of interest. blank portion left by the contractor in appendix to bid cannot be construed as zero or nil interest claim when the contract provides for payment of interest.
Smt. Amalapooh Marry & others vs Sri V Ravindra & others on18th August, 2021
Mediation. Failure to appear before Mediation Centre or Lok-adalat on reference of matter to mediation. Court can impose costs to compel attendance of parties before Mediator. Karnataka High Court.
Maya Traders Limited vs Shri Kirti Kumar Kabra and others
Arbitration and Conciliation Act, 1996. Termination of agreement to sell by the vendor constitutes arbitral dispute under Section 11(6) of the Act. Karnataka High Court.
M/s. Suresh Goel and Associates vs Indian Institute of Technology.
Arbitration and Conciliation Act. Where contract empowers only one of the parties to appoint sole arbitrator, the person who has an interest in the outcome of the dispute can NOT appoint a sole arbitrator. Karnataka High Court.
Smt. Sushma Swaraj vs M/S Blue Valley Properties Pvt Ltd on 17 March, 2021
Amendment to Section 8 of Arbitration and Conciliation Act if any application by any person claiming through or under the party to arbitration agreement is prospective and does not apply to suits instituted prior to 23rd October 2015.
Smt. Padma Mahadev vsM/S. Sierra Constructions
Application under Section 9 is maintainable even after conclusion of arbitral proceedings and during Section 34 proceedings only in so far as the claim granted by the arbitrator.
Anheuser Busch Inbev India vs East Godavari Breweries Private
On 31 March, 2021: Even non-signatories will be bound by the arbitration agreement, if there is implied consent to be so bound and a direct relationship with the signatory.