Arbitration Archives - Page 26 of 31 - Supreme Court of India Judgements

June 21, 2025 3:44 am

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…

Arbitration

Arbitration and Conciliation Act, 1996—Arbitral Award—Contract on turkey basis–Dispute arose—Arbitral Tribunal formed

May 13, 2017 sclaw

2007(4) LAW HERALD (SC) 2805 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4079-80 of 2007…

Arbitration

Arbitration Agreement—Dispute which can be tackled by arbitrator in terms of arbitration clause; should not ordinarily be adjudicated by courts. Arbitration agreement—The photocopies of the lease agreements could be taken on record under Section 8 of the Arbitration Act for ascertaining the existence of arbitration clause.

May 7, 2017 sclaw

2007(4) LAW HERALD (SC) 2641 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. 2016 of…

Arbitration

Commission to nominate the arbitrator under Section 86 of Act of 2003 – Act of 2003 has provided for arbitration of disputes between licensees and generating companies by the Commission or its nominated arbitrator – Special law overrides the general law – Section 11 of the 1996 Act has no application on such dispute.

May 1, 2017 sclaw

AIR 2008 SC 1921 : (2008) 2 ARBLR 1 : (2008) 1 CLT 841 : (2008) 2 CompLJ 357 : (2008) 4 CTC 539 : (2008) ELR 1 :…

Arbitration

Arbitrator–Appointment of–International transaction–Parties agreed to decide all matters as per British Rules of Arbitration–Not possible for Court to substitute it with Act of 1996.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia Arbitration Petition No. 8 of 2007 (Under Section 11 (6) of…

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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

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Constitution

Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

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C P C Railways Act

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.

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Cr P C

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.

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Category: Arbitration

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