Arbitration Archives - Page 25 of 33 - Supreme Court of India Judgements

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

Commercial Courts—An appeal which is not maintainable under S.50 of Arbitration Act is also not maintainable under S.13 of 2015 Act – Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015

Jul 23, 2018 sclaw

(2018) 1 ArbiLR 613 : (2018) 3 JT 138 : (2018) 2 RCR(Civil) 283 : (2018) 2 Scale 368 SUPREME COURT OF INDIA DIVISION BENCH KANDLA EXPORT CORPORATION — Appellant Vs. M/S OCI CORPORATION —…

Arbitration Rent

Arbitration—Eviction of Tenant—Even if there is arbitration clause in the lease agreement, disputes of such nature cannot be referred to the arbitrator.

Jun 30, 2018 sclaw

(2017) 179 AIC 119 : (2017) AIR(SCW) 5137 : (2017) AIR(SC) 5137 : (2017) 3 ApexCourtJudgments(SC) 605 : (2017) 6 ArbiLR 35 : (2018) 1 JCR 11 : (2017) 4…

Arbitration

Arbitral Dispute—Mere allegation that no-claim certificates have been obtained under financial duress and coercion, without there being anything more to suggest that, does not lead to an arbitral dispute.

Jun 12, 2018 sclaw

(2018) AIR(SCW) 796 : (2018) AIR(SC) 796 : (2018) 1 ArbiLR 597 : (2018) 2 JT 212 : (2018) 1 LawHerald(SC) 358 : (2018) 2 Scale 354 SUPREME COURT OF INDIA DIVISION BENCH M/S…

Arbitration

Arbitration—Award—Execution can be filed anywhere in the country where such decree can be executed without obtaining transfer of decree.

Jun 6, 2018 sclaw

(2018) AIR(SCW) 965 : (2018) AIR(SC) 965 : (2018) 2 ArbiLR 1 : (2018) 1 ILR(Kerala) 657 : (2018) 3 JT 16 : (2018) 1 KerLJ 803 : (2018) 1 LawHerald(SC) 577 : (2018)…

Arbitration

Arbitration Agreement —A general reference to a standard form would be enough for incorporation of the arbitration clause.

May 28, 2018 sclaw

(2018) 182 AIC 1 : (2018) AIR(SCW) 349 : (2018) AIR(SC) 349 : (2018) AllSCR 346 : (2018) 1 ApexCourtJudgments(SC) 464 : (2018) 1 ArbiLR 1 : (2018) 1 CTC…

Arbitration

Arbitration—Interest on A ward—It is permissible to award interest in arbitral claims by the Tribunal,

May 14, 2018 sclaw

(2017) AIR(SCW) 5721 : (2018) 1 AIRBomR 542 : (2017) AIR(SC) 5721 : (2018) 1 ArbiLR 12 : (2018) 1 BCR 42 : (2017) 12 JT 603 : (2017) 4 LawHerald(SC) 3255 : (2018)…

Arbitration

Insolvency and Bankruptcy Code, 2016, S.14—Moratorium—Arbitral Dispute—Arbitration proceedings instituted after the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 is non est in law

May 4, 2018 sclaw

(2017) AIR(SCW) 5124 : (2017) AIR(SC) 5124 : (2018) 1 ICC 236 : (2017) 4 LawHerald(SC) 2590 SUPREME COURT OF INDIA DIVISION BENCH ALCHEMIST ASSET RECONSTRUTION COMPANY LTD. — Appellant Vs. M/S. HOTEL…

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.

Commercial Courts—An appeal which is not maintainable under S.50 of Arbitration Act is also not maintainable under S.13 of 2015 Act – Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015

Arbitration—Eviction of Tenant—Even if there is arbitration clause in the lease agreement, disputes of such nature cannot be referred to the arbitrator.

Arbitral Dispute—Mere allegation that no-claim certificates have been obtained under financial duress and coercion, without there being anything more to suggest that, does not lead to an arbitral dispute.

Arbitration—Award—Execution can be filed anywhere in the country where such decree can be executed without obtaining transfer of decree.

Arbitration Agreement —A general reference to a standard form would be enough for incorporation of the arbitration clause.

Arbitration—Interest on A ward—It is permissible to award interest in arbitral claims by the Tribunal,

Insolvency and Bankruptcy Code, 2016, S.14—Moratorium—Arbitral Dispute—Arbitration proceedings instituted after the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 is non est in law

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Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.

Supreme Court of India Judgements

Category: Arbitration

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