Arbitration Archives - Page 22 of 31 - Supreme Court of India Judgements

Arbitration—Reference to umpire—Umpire has to hear the matter de novo.

Oct 9, 2018 sclaw

2018(3) Law Herald (SC) 2045 : 2018 LawHerald.Org 1428 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mrs. Justice R. Banumathi Civil Appeal No. 3776…

Arbitration Consumer

Consumer—Written Statement—Period of filing within 45 days and not beyond that—Judgment of J,J. Merchant and New India Assurance case distinguished and period held to be directory– Arbitration—Objections—Prior Notice—Provision of 5.34(5) of the Act held to be directory/ and not mandatory

Oct 2, 2018 sclaw

2038(3) Law Herald (SC) 1965 : 2018 LawHerald.Org 1411 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…

Arbitration

Arbitration Agreement—Clause which is inserted in an Agreement for the purpose of prevention of a dispute will not be an arbitration agreement.

Sep 18, 2018 sclaw

2018(3) Law Herald (SC) 1914 : 2018 LawHerald.Org 1405 SUPREME COURT OF INDIA DIVISION BENCH SHYAM SUNDER AGARWAL — Appellant Vs. P. NAROTHAM RAO — Respondent ( Before : R.F. Nariman and Indu…

Arbitration

Arbitrator—Appointment of—If a clause stipulates that under certain circumstances there can be no arbitration, and they are demonstrably clear then the appointment of arbitrator cannot be made.

Sep 12, 2018 sclaw

2018(2) Law Herald (SC) 754 : 2018 LawHerald.Org 1024 SUPREME COURT OF INDIA FULL BENCH ORIENTAL INSURANCE COMPANY LIMITED — Appellant Vs. M/S NARBHERAM POWER AND STEEL PVT. LTD. — Respondent ( Before : Dipak…

Arbitration

Arbitration—Execution of Award—Enforcement of an award through its execution can be initiated anywhere in the country where the decree can be executed.

Sep 10, 2018 sclaw

2018(2) Law Herald (SC) 710 : 2018 LawHerald.Org 1016 SUPREME COURT OF INDIA FULL BENCH CHERAN PROPERTIES LIMITED — Appellant Vs. KASTURI AND SONS LIMITED — Respondent ( Before : Dipak Misra, CJI., A.M.…

Arbitration

Arbitration—Objections—Exclusion of Part-1—The place of arbitration determines the law that will apply to the arbitration and related matters like challenges to the award etc.

Aug 19, 2018 sclaw

(2017) 173 AIC 68 : (2017) AIR(SCW) 1372 : (2017) 3 AIRBomR 283 : (2017) AIR(SC) 1372 : (2018) 1 ALLMR 482 : (2017) 3 AndhLD 166 : (2017) 2…

Arbitration

Once the order of DRT and DRAT has become final and parties acted upon accordingly then action of court commissioner in approaching MSMEDF council for arbitration award is illegal and invalid-Impugned orders of MSMEDF council and of High Court upholding orders of council, set aside.

Aug 8, 2018 sclaw

(2018) 181 AIC 14 : (2018) AIR(SCW) 161 : (2018) AIR(SC) 161 : (2018) 126 ALR 463 : (2018) 1 BC 407 : (2018) 1 BCR 351 : (2017) 4 LawHerald(SC) 3200 : (2018)…

Arbitration

Arbitration—Making Award Rule of Court—Supreme Court cannot entertain an application for making the award as Rule of the court, as Court of first instance, even if it has retained control over arbitral proceedings.

Aug 4, 2018 sclaw

(2018) 182 AIC 134 : (2018) AIR(SCW) 1 : (2018) AIR(SC) 1 : (2018) 1 AllWC 821 : (2018) 1 AndhLD 171 : (2017) 6 ArbiLR 321 : (2018) 1…

Arbitration

Arbitration Agreement—Agreement executed after commencement of 1996 Act—Reference to 1940 Act in arbitration clause would be of no consequence—Matter would still be governed under 1996 Act.

Jul 28, 2018 sclaw

2018(2) Law Herald (SC) 550 : 2018 LawHerald.Org 1004 SUPREME COURT OF INDIA DIVISION BENCH PURUSHOTTAM S/O TULSIRAM BADWAIK — Appellant Vs. ANIL — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…

Arbitration

Arbitration—Different agreements between several parties for a single commercial project and all the agreements are interconnected—In such a case all the parties can be covered by the arbitration clause in the main agreement even if in some agreement there is no arbitration clause and such parties are not signatory to main agreement containing arbitration clause. Arbitration—Plea of Fraud—Duty of the Court is to impart “sense of business efficacy” to the commercial transactions pointing out that mere allegations of fraud were not sufficient to decline to refer the parties to arbitration.

Jul 25, 2018 sclaw

2018(1) Law Herald (SC) 495 : 2018 LawHerald.Org 929 SUPREME COURT OF INDIA DIVISION BENCH AMEET LALCHAND SHAH — Appellant Vs. RISHABH ENTERPRISES — Respondent ( Before : Ranjan Gogoi and R.…

Arbitration—Reference to umpire—Umpire has to hear the matter de novo.

Arbitration Agreement—Clause which is inserted in an Agreement for the purpose of prevention of a dispute will not be an arbitration agreement.

Arbitrator—Appointment of—If a clause stipulates that under certain circumstances there can be no arbitration, and they are demonstrably clear then the appointment of arbitrator cannot be made.

Arbitration—Execution of Award—Enforcement of an award through its execution can be initiated anywhere in the country where the decree can be executed.

Arbitration—Objections—Exclusion of Part-1—The place of arbitration determines the law that will apply to the arbitration and related matters like challenges to the award etc.

Once the order of DRT and DRAT has become final and parties acted upon accordingly then action of court commissioner in approaching MSMEDF council for arbitration award is illegal and invalid-Impugned orders of MSMEDF council and of High Court upholding orders of council, set aside.

Arbitration—Making Award Rule of Court—Supreme Court cannot entertain an application for making the award as Rule of the court, as Court of first instance, even if it has retained control over arbitral proceedings.

Arbitration Agreement—Agreement executed after commencement of 1996 Act—Reference to 1940 Act in arbitration clause would be of no consequence—Matter would still be governed under 1996 Act.

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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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