Supreme Court of India Judgements

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Category: Arbitration

Arbitration

Arbitration and Conciliation Act, 1996 – Section 17 – Interim measures ordered by arbitral tribunal – Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 – Section 3 – Works contract – Whether the Gujarat Public Works Contract Disputes Arbitration Tribunal constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996 – Held, YES

Jan 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT THROUGH CHIEF SECRETARY AND ANOTHER — Appellant Vs. AMBER BUILDERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ.…

Arbitration

General Conditions 64 (3)(a)(ii) and 64 (3)(b) of the Contract HELD -The appellant is directed to send a fresh panel of four retired officers in terms of Clause 64(3)(b) of the General Conditions of Contract within a period of thirty days from today under intimation to the respondent-contractor. The respondent-contractor shall select two from the four suggested names and communicate to the appellant within thirty days from the date of receipt of the names of the nominees.

Dec 23, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH RAILWAY ELECTRIFICATION — Appellant Vs. M/S ECI-SPIC-SMO-MCML (JV) A JOINT VENTURE COMPANY — Respondent ( Before : R. Banumathi, A.S. Bopanna And Hrishikesh Roy,…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 34 and 34(4) – Arbitral award – Legislative intention of providing Section 34(4) in the Arbitration Act was to make the award enforceable, after giving an opportunity to the Tribunal to undo the curable defects HELD that ordinarily unintelligible awards are to be set aside, while the challenge on inadequacy of reasons, has to be adjudicated based on the degree of particularity of reasoning required having regard to the nature of issues falling for consideration.

Dec 22, 2019 sclaw

  SUPREME COURT OF INDIA FULL BENCH M/S. DYNA TECHNOLOGIES PVT. LTD. — Appellant Vs. M/S. CROMPTON GREAVES LTD. — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and…

Arbitration

“………..the awards were signed in New Delhi, and not at Faridabad, would lead to the conclusion that both parties have chosen New Delhi as the “seat” of arbitration under Section 20(1) of the Arbitration Act, 1996. This being the case, both parties have, therefore, chosen that the Courts at New Delhi alone would have exclusive jurisdiction over the arbitral proceedings. Therefore, the fact that a part of the cause of action may have arisen at Faridabad would not be relevant once the “seat” has been chosen

Dec 12, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH BGSSGS SOMAJV — Appellant Vs. NHPC LIMITED — Respondent ( Before : R.F. Nariman, Aniruddha Bose and V. Ramasubramanian, JJ. ) Civil Appeal No.…

Arbitration

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment HELD “The retrospective resurrection of an automatic-stay not only turns the clock backwards contrary to the object of the Arbitration Act, 1996 and the 2015 Amendment Act, but also results in payments already made under the amended Section 36 to award-holders in a situation of no-stay or conditional-stay now being reversed”

Nov 27, 2019 sclaw

SC Strikes Down Section 87 Of Arbitration & Conciliation Act Inserted By 2019 Amendment In a significant judgment, the Supreme Court on Wednesday struck down Section 87 of the Arbitration…

Arbitration

Issue Of Limitation Not To Be Examined While Considering Application Seeking Appointment Of Arbitrator HELD “The issue of limitation is a jurisdictional issue, which would be required to be decided by the arbitrator under Section 16, and not the High Court at the pre¬reference stage under Section 11 of the Act”

Nov 27, 2019 sclaw

Issue Of Limitation Not To Be Examined While Considering Application Seeking Appointment Of Arbitrator: SC [Read Judgment] BY: ASHOK KINI27 Nov 2019 8:35 PM “The issue of limitation is a…

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Arbitration

Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51)

Jan 11, 2026 sclaw
Limitation

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

Jan 11, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 9(2) read with Rule 9(4) of 2001 Rules — Setting aside High Court judgment — High Court erroneously treated the date of filing of the Section 11 petition (28.06.2024) as the commencement date, leading to the conclusion that proceedings commenced beyond the statutory period — Where the arbitration notice was served (on 11.04.2024) well within the 90-day period from the ad-interim injunction order (17.02.2024), proceedings commenced in time as per Section 21 — High Court’s finding unsustainable, resulting in the restoration of the Trial Court’s initial ad-interim injunction order. (Paras 28, 31, 32) E. Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Dispute regarding existence

Jan 11, 2026 sclaw
Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw