Arbitration Archives - Page 12 of 31 - Supreme Court of India Judgements

May 23, 2025 5:57 am

Arbitral Award – Modification of – No power of modification of an award exists in Section 34 of the Arbitration Act, 1996 – Hence, if one were to include the power to modify an award in Section 34, one would be crossing the Lakshman Rekha.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE PROJECT DIRECTOR, NATIONAL HIGHWAYS NO.45 E AND 220 NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. M. HAKEEM AND ANOTHER — Respondent (…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 17(2) – Award of Emergency Arbitrator – It is wholly incorrect to say that Section 17(1) of the Act would exclude an Emergency Arbitrator’s orders. HELD A party cannot, after it participates in an Emergency Award proceeding, having agreed to institutional rules made in that regard, that thereafter it will not be bound by an Emergency Arbitrator’s ruling.

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMAZON.COM NV INVESTMENT HOLDINGS LLC — Appellant Vs. FUTURE RETAIL LIMITED AND OTHERS — Respondent ( Before : R.F. Nariman and B.R. Gavai, JJ.…

Arbitration

Arbitral award – Ground of Patent Illegality – No evidence at all or an award which ignores vital evidence in arriving at its decision would be perverse and liable to be set aside on the ground of patent illegality – Impugned Award would come under the realm of ‘patent illegality’ and therefore, has been rightly set aside by the High Court – Appeal Dismissed.

Aug 1, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PSA SICAL TERMINALS PRIVATE LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF V.O. CHIDAMBRANAR PORT TRUST TUTICORIN AND OTHERS — Respondent ( Before…

Arbitration

(i) Whether the provisions of Indian Limitation Act, 1963 is applicable to arbitration proceedings initiated under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006 ?; HELD YES (ii) Whether, counter claim is maintainable in such arbitration proceedings ? HELD YES “MSMED Act, being a special Statute, will have an overriding effect vis-à-vis Arbitration and Conciliation Act, 1996, which is a general Act.”

Jun 30, 2021 sclaw

“18. With regard to first issue, namely, applicability of Limitation Act, 1963 to the arbitration proceedings initiated under provisions of Micro, Small and Medium Enterprises Development Act, 2006, we need…

Arbitration

Held, Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals.

May 15, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH PASL WIND SOLUTIONS PRIVATE LIMITED — Appellant Vs. GE POWER CONVERSION INDIA PRIVATE LIMITED — Respondent ( Before : Rohinton Fali Nariman, B.R. Gavai…

Arbitration

A and C Act, 1996 – S 31(7) – Interest on delayed payment – Only difference between the situation contemplated in the provision and the facts of this case is that the agreement involved is not silent on interest entitlement of the appellants on delayed payment but the agreement contains provision for such payment – Appeal allowed.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED — Appellant Vs. STATE OF KERALA — Respondent ( Before : Surya Kant and Aniruddha Bose, JJ. )…

Arbitration

Arbitration Law – Whether two companies incorporated in India can choose a forum for arbitration outside India, Held, Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH PASL WIND SOLUTIONS PRIVATE LIMITED — Appellant Vs. GE POWER CONVERSION INDIA PRIVATE LIMITED — Respondent ( Before : Rohinton Fali Nariman, B.R. Gavai…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 20(1) and 34 – Arbitral proceedings – Change of Place by mutual agreement – Changed place becomes ‘Seat of Arbitration’.

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. INOX RENEWABLES LIMITED — Appellant Vs. JAYESH ELECTRICALS LIMITED — Respondent ( Before : Rohinton Fali Nariman and Hrishikesh Roy, JJ. ) Civil…

Arbitration

Apponitment of arbitrator – whether the dispute which had arisen at the first instance has been settled; if the dispute subsisted, whether the claim is within the period of limitation, the nature of relief if any and all other contention on merits are to be considered in the arbitral proceedings – Hence, keeping open all contentions on merits, sole Arbitrator is to be appointed to resolve the dispute between the parties

Apr 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH V. SREENIVASA REDDY — Appellant Vs. B.L. RATHNAMMA — Respondent ( Before : S.A. Bobde, CJI, A.S. Bopanna and V. Ramasubramanian, JJ. ) Civil…

Arbitration

Appointment of arbitrator – Section 11 court would refer the matter when contentions relating to non-arbitrability are plainly arguable, or when facts are contested – The court cannot, at this stage, enter into a mini trial or elaborate review of the facts and law which would usurp the jurisdiction of the arbitral tribunal

Apr 10, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SANJIV PRAKASH — Appellant Vs. SEEMA KUKREJA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy, JJ. )…

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Performance appraisal authorities for All India Service officers must generally be superior officers within the same service, as established by All India Services Rules and Supreme Court precedents, rendering contrary state government orders invalid. .

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Cr P C Domestic Violence

The High Court can exercise its inherent jurisdiction under Section 482 CrPC to quash proceedings emanating from an application under Section 12(1) of the DV Act, 2005, but with caution and circumspection, intervening only in cases of gross illegality or abuse of process, as the proceedings are predominantly civil in nature and consequences are distinct from criminal prosecution.

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In motor accident claims, income assessment should reflect prevailing wages and children and parents are entitled to loss of consortium.

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Category: Arbitration

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