Arbitration Archives - Page 20 of 31 - Supreme Court of India Judgements

Award—Clause in agreement for no increase in price during stipulated time of completion—Delay attributed to company giving contract—Contractor entitled to increase in price after stipulated time.

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 287 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal Nos. 3376-3377 of…

Arbitration

Arbitrator–Appointment of–An application/petition without approaching the authority nominated and agreed upon by the parties is not maintainable–In instant case ICC was nominated but was not approached.

Jan 20, 2019 sclaw

2009(1) LAW HERALD (SC) 254 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju Arbitration Application No. 6 of 2008 Standard Corrosion Controls Pvt. Ltd. v.…

Arbitration

Arbitrator—Appointment of—Challenge to—When an arbitrator was allegedly appointed against the terms of the agreement (arbitration clause) the provisions of 5.11(6) cannot be invoked to challenge such appointment Arbitrator—Appointment of—Amendment of 2015—General conditions of the contract cannot be taken to be the agreement between the parties so as to apply the provisions of the amended Act

Jan 12, 2019 sclaw

2018(4) Law Herald (SC) 3433 : 2018 LawHerald.Org 1952 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 11824-11825…

Arbitration

Arbitrator–Appointment of –High Court dismissed the petition for appointment of arbitrator on the ground that arbitration agreement does not lay down procedure for appointment of arbitrator–Answer lies in section 11(5) of the Act–Supreme Court appointed a former Judge as arbitrator.

Jan 5, 2019 sclaw

2009(1) LAW HERALD (SC) 157 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 107 of 2009…

Arbitration

Arbitration–An independent Arbitration clause in Agreement is not terminated by rescinding of other collateral agreement. Arbitration Agreement–An agreement to enter into an agreement is not enforceable nor does it confer any right upon parties.

Jan 2, 2019 sclaw

2009(1) LAW HERALD (SC) 122 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J.M. Panchal Arbitration Application No. 22 of 2007 Speech & Software Technologies (India) Pvt.…

Arbitration

Territorial Jurisdiction–Ouster clause–Agreement between parties that only Courts at Jaipur alone would have jurisdiction–Even though Courts at Calcutta would have jurisdiction but in view of ouster clause it would only the Courts at Jaipur which would have jurisdiction to entertain such proceeding.

Dec 31, 2018 sclaw

2009(1) LAW HERALD (SC) 81 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal Nos. 5430-5431 of…

Arbitration

Arbitration Agreement—Arbitration clause has to be interpreted strictly– the insurance company has completely denied their liability and repudiated the claim of respondents—Therefore, making the arbitration clause ineffective and incapable of being enforced—Reference to arbitration cannot be made—Directed accordingly.

Dec 30, 2018 sclaw

2018(4) Law Herald (SC) 3288 : 2018 LawHerald.org 1791 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…

Arbitration

Arbitral award–Looking at the charitable cause for establishing a college dispute with construction company solved by ordering lump sum amount without going on merits of claims and counter claims.

Dec 27, 2018 sclaw

2009(1) LAW HERALD (SC) 37 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 7012 of…

Arbitration

Arbitration Agreement –Contract–Valid contract–In the absence of signed agreement between the parties, it would be possible to infer from various documents duly approved and signed by the parties in the form of exchange of e-mails, letter, telex, telegrams and other means of tele-communication.

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 805 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam Arbitration Petition No. 10 of 2009 Trimex International FZE Ltd. Dubai v.…

Arbitration

Arbitration Agreement—Need not to be signed in all circumstances to make it valid

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3003 : 2018 LawHerald.org 1776 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal Nos.…

Award—Clause in agreement for no increase in price during stipulated time of completion—Delay attributed to company giving contract—Contractor entitled to increase in price after stipulated time.

Arbitrator–Appointment of–An application/petition without approaching the authority nominated and agreed upon by the parties is not maintainable–In instant case ICC was nominated but was not approached.

Arbitrator–Appointment of –High Court dismissed the petition for appointment of arbitrator on the ground that arbitration agreement does not lay down procedure for appointment of arbitrator–Answer lies in section 11(5) of the Act–Supreme Court appointed a former Judge as arbitrator.

Arbitration–An independent Arbitration clause in Agreement is not terminated by rescinding of other collateral agreement. Arbitration Agreement–An agreement to enter into an agreement is not enforceable nor does it confer any right upon parties.

Arbitral award–Looking at the charitable cause for establishing a college dispute with construction company solved by ordering lump sum amount without going on merits of claims and counter claims.

Arbitration Agreement—Need not to be signed in all circumstances to make it valid

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Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Supreme Court of India Judgements

Category: Arbitration

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