Arbitration Archives - Page 25 of 30 - Supreme Court of India Judgements

April 18, 2025 1:18 pm

Arbitration

The reference to arbitrator does not suggest an obligation having been cast on the arbitrator to give reasons for the award. Such a plea, as has been urged in this Court, was not taken by the Respondents before the arbitrator. Even in the objections filed in the Court, the validity of the award has not been specifically questioned on the ground of its having been given in breach of any obligation of the arbitrator to give reasons as spelled out by the arbitration clause

May 30, 2017 sclaw

AIR 2015 SC 125 : (2014) AIRSCW 5458 : (2014) 10 SCALE 313 : (2014) 9 SCC 212 : AIR 2015 SC 125 : (2014) 3 ARBLR 470 :…

Arbitration C P C

Civil Procedure Code, 1908 (CPC) – Order 3, Rule 1 – Appointment of pleader – Consent by Advocate for appointment of arbitrator despite stand taken by appellants in their written statement – Concession made by Advocate binding on party whom he represents.

May 29, 2017 sclaw

AIR 2006 SC 3335 : (2006) 3 ARBLR 603 : (2006) 12 JT 25 : (2006) 9 SCALE 217 : (2006) 8 SCC 279 : (2006) 6 SCR 93…

Arbitration

Arbitrator—Appointment of—Appellant agreed to deposit security amount before initiation of proceedings, as agreed—Matter reffered to Arbitration Tribunal, whose existence was doubted.

May 28, 2017 sclaw

2007(4) LAW HERALD (SC) 3031 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4576 of…

Arbitration

Arbitrator–Appointment of—It cannot be laid as an abstract proposition that whenever the contracted work is completed, all the rights and obligations of the parties under the contract, ipso facto, come to an end and the arbitration agreement also perishes with the contract.

May 26, 2017 sclaw

2007(4) LAW HERALD (SC) 2993 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain Arbitration Petition 17 of 2006 DHV BV v. Tahal Consulting Engineers Ltd.…

Arbitration

Award—Non-speaking order—Scope of interference in a non-speaking award is extremely limited–The Court cannot probe into the mental process of the arbitrator.

May 24, 2017 sclaw

2007(4) LAW HERALD (SC) 2958 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 2668 of 2007…

Arbitration

Arbitrator—Appointment of—If the parties have entered into an agreement with open eyes, it is not open to ignore it and invoke exercise of powers in Section 11(6).

May 20, 2017 sclaw

2007(4) LAW HERALD (SC) 2898 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker Arbitration Petition 12 of 2007 [Under Section 11(6) read with Section…

Arbitration

Arbitrator–Appointment of–Power of Chief Justice–Law summed up.

May 15, 2017 sclaw

2007(4) LAW HERALD (SC) 2878 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar…

Arbitration

Arbitrator—Appointment of—Once petition under Section 11(6) is filed before the Court, seeking appointment of an arbitrator, the power to appoint an arbitrator in terms of arbitration clause of the agreement ceases.

May 15, 2017 sclaw

2007(4) LAW HERALD (SC) 2870 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 3692…

Arbitration

Arbitration Act, 1940 – Section 30 – Arbitration award – Setting aside of – Existence of dispute condition precedent – Ground of non-existence of dispute – Whether can be raised for first time in appeal before Supreme Court

May 14, 2017 sclaw

AIR 2000 SC 3185 : (2000) 1 JT 497 Supp : (2000) 7 SCALE 168 : (2000) 8 SCC 1 : (2000) 4 SCR 22 Supp : (2000) AIRSCW 3690…

Arbitration

Arbitrator—Appointment of—It there being an agreed procedure for resolution of disputes by arbitration in accordance with rules of arbitration of India Council of Arbitrator, then Section 11(3) (4) (5) can have no application.

May 14, 2017 sclaw

2007(4) LAW HERALD (SC) 2846 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 2386…

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Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw

Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw

Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw

I B C Limitation

The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone delay for a further period not exceeding fifteen days, upon satisfaction of sufficient cause

Apr 14, 2025 sclaw

Category: Arbitration

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