Arbitration Archives - Page 7 of 31 - Supreme Court of India Judgements

June 24, 2025 12:15 pm

Appointment of arbitrator – Matter is remitted to the High Court to decide the application under Section 11(5) and (6) of the Arbitration Act afresh and to pass an appropriate order after holding a preliminary inquiry/review on whether the dispute is arbitrable or not

Oct 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S. EMAAR INDIA LTD. — Appellant Vs. TARUN AGGARWAL PROJECTS LLP AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 36(3) – While considering an application for grant of stay in the case of an arbitral award for payment of money, due regard has to be given to the provisions for grant of stay of a money decree under the provisions of the CPC.

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MRS. ETHEL LOURDES D’SOUZA LOBO — Appellant Vs. LUCIO NEVILLE JUDE DE SOUZA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and…

Arbitration

The jurisdiction of this Court under Section 9 is wide. A party may apply to a Court for interim measures before the commencement of Arbitral proceedings, during Arbitral proceedings or at any time after the making of the Arbitral Award, but before it is enforced in accordance with Section 36 of the Arbitration Act.

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION — Appellant Vs. POWER MECH PROJECTS LTD. — Respondent ( Before : Indira Banerjee and Krishna Murari, JJ. )…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 7 – Arbitration agreement – Section 7 of the Act does not mandate any particular form for the arbitration clause – – Deficiency of words in agreement which otherwise fortifies the intention of the parties to arbitrate their disputes, cannot legitimise the annulment of arbitration clause

Sep 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BABANRAO RAJARAM PUND — Appellant Vs. M/S. SAMARTH BUILDERS AND DEVELOPERS AND ANOTHER — Respondent ( Before : Surya Kant and Abhay S. Oka,…

Arbitration

Arbitration Law – Unilateral determination of fees by Arbitrators – A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, i.e., the arbitrators cannot be a judge of their own private claim against the parties regarding their remuneration

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH OIL AND NATURAL GAS CORPORATION LTD. — Appellant Vs. AFCONS GUNANUSA JV — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya Kant and…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 31(7)(b) – Post-award interest – If the arbitrator does not grant postaward interest, the award holder is entitled to post-award interest at eighteen percent.

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MORGAN SECURITIES AND CREDITS PVT. LTD. — Appellant Vs. VIDEOCON INDUSTRIES LTD. — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and AS Bopanna,…

Arbitration

All disputes between the parties to the lease with regard to renewal and/or non-renewal, the period of renewal and the quantum of rent would have be decided by the Arbitrator – Dispute arising out of non-renewal of the lease is clearly arbitrable

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BRIJ RAJ OBEROI — Appellant Vs. THE SECRETARY, TOURISM AND CIVIL AVIATION DEPARTMENT AND ANOTHER — Respondent ( Before : Indira Banerjee and C.…

Arbitration

Constitution of India, 1950 – Article 226 – High Courts cannot entertain plea of executing award passed by arbitral tribunal

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA — Appellant Vs. SHEETAL JAIDEV VADE AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…

Arbitration

Respondent-claimant earlier initiated the arbitration proceedings under Section 9 of the Arbitration Act in the Court at Vishakhapatnam – Only the High Court of Andhra Pradesh at Amaravati would have jurisdiction to entertain the application under Section 11(6) of the Act – Appeal allowed.

Aug 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH GENERAL MANAGER EAST COAST RAILWAY RAIL SADAN AND ANOTHER — Appellant Vs. HINDUSTAN CONSTRUCTION CO. LTD. — Respondent ( Before : M. R. Shah…

Arbitration

Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of sole arbitrator – No arbitration agreement between the parties – Invocation of the jurisdiction of the High Court under Section 11(6) of the 1996 Act was not valid.

Aug 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MAHANADI COALFIELDS LTD AND ANOTHER — Appellant Vs. M/S IVRCL AMR JOINT VENTURE — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and A…

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Consumer

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

Jun 12, 2025 sclaw

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.

Jun 11, 2025 sclaw

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.

Jun 10, 2025 sclaw

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.

Jun 10, 2025 sclaw

Category: Arbitration

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