Category: Arbitration

Arbitration and Conciliation Act, 1996 vs. Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 — Works Contract — Concession Agreement for development of State Highway falls under ‘works contract’ as defined in MP Act, 1983 — MP Act, 1983 has overriding effect on Arbitration and Conciliation Act, 1996 for such contracts — Private arbitration under 1996 Act is inoperative and void ab initio where MP Act, 1983 mandates adjudication by Madhya Pradesh Arbitration Tribunal.

2025 INSC 907 SUPREME COURT OF INDIA DIVISION BENCH UMRI POOPH PRATAPPUR (UPP) TOLLWAYS PVT. LTD. Vs. M.P. ROAD DEVELOPMENT CORPORATION AND ANOTHER ( Before : J.B. Pardiwala and R.…

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Existence of arbitration agreement — High Court dismissed appellant’s application under Section 11 on the ground that no arbitration agreement existed — Clause 13 of contract relied upon as arbitration agreement — Clause stated that for parties other than Govt. Agencies, redressal of disputes “may be sought” through arbitration — Supreme Court held that use of “may be sought” indicates no subsisting agreement to use arbitration — Clause was an enabling provision if parties agreed, not a binding agreement.

2025 INSC 874 SUPREME COURT OF INDIA DIVISION BENCH BGM AND M-RPL-JMCT (JV) Vs. EASTERN COALFIELDS LIMITED ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. ) Civil Appeal…

However, the non-service of a S. 21 notice on a person does not, by itself, preclude the arbitral tribunal from impleading that person if they are found to be a party to the arbitration agreement — The primary purpose of S. 21 relates to commencement and time-related aspects, while other functions like informing about claims or potential arbitrators are incidental.

2025 INSC 507 SUPREME COURT OF INDIA DIVISION BENCH ADAVYA PROJECTS PVT. LTD. Vs. M/S VISHAL STRUCTURALS PVT. LTD. AND OTHERS ( Before : Pamidighantam Sri Narasimha and Manoj Misra,…

Arbitration and Conciliation Act, 1996 — Section 37 — Limited Scope of Judicial Interference in Arbitration Awards — The Court reiterated the limited scope of judicial interference in arbitration awards under Section 37 — The Court held that it could not interfere with the arbitral award unless there was a patent illegality or a violation of the terms of the contract — Since the arbitral tribunal had correctly applied Clause 49.5 and the appellant had accepted its terms, there was no ground for interference.

2025 INSC 138 SUPREME COURT OF INDIA DIVISION BENCH M/S. C & C CONSTRUCTIONS LTD. Vs. IRCON INTERNATIONAL LTD. ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. )…

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