Arbitration Archives - Page 8 of 31 - Supreme Court of India Judgements

June 24, 2025 8:30 am

Arbitration and Conciliation Act, 1996 – Section 11(6) – Once an arbitrator is not appointed as per the agreed procedure within stipulated time, right of the party concerned to appoint an arbitrator is forfeited.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S CONTINENTAL INDIA PRIVATE LIMITED — Appellant Vs. GENERAL MANAGER NORTHERN RAILWAY — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Arbitration

HELD arbitration proceedings earlier initiated in the Court at Vishakhapatnam only High Court of Andhra Pradesh at Amaravati would have jurisdiction to entertain the application under Section 11(6) of the Act and not Orrisa High court

Jul 26, 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 – Appointment of Arbitrator – Even at the stage of deciding Section 11 application, the Court may prima facie consider even the aspect with regard to ‘accord and satisfaction’ of the claims.

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH INDIAN OIL CORPORATION LIMITED — Appellant Vs. NCC LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Arbitration

Questions of law – Whether the Group of Companies Doctrine should be read into Section 8 of the Act or whether it can exist in Indian jurisprudence independent of any statutory provision? – Issues referred to larger bench.

May 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH COX AND KINGS LIMITED — Appellant Vs. SAP INDIA PRIVATE LIMITED AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and…

Arbitration

Appointment of Arbitrator – Absence of Written Agreement – Absence of any written contract containing the arbitration agreement, section 11(6) of the Act, 1996 shall not be applicable

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SWADESH KUMAR AGARWAL — Appellant Vs. DINESH KUMAR AGARWAL AND OTHERS, ETC., ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Arbitration

Appointment of Arbitrator – Absence of Written Agreement – HELD the parties themselves agreed on a procedure for appointment of the arbitrator and appointed and nominated an arbitrator by mutual consent – Therefore, the application under section 11(6) of the Act, 1996 was not maintainable at all.

May 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SWADESH KUMAR AGARWAL — Appellant Vs. DINESH KUMAR AGARWAL AND OTHERS, ETC., ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Arbitration

HELD The Arbitral Tribunal, therefore, has rightly given effect to the specific agreement between the parties with regard to the rate of interest. We find that the arbitral award has been passed in consonance with the provisions as contained in clause (a) of sub-section (7) of Section 31 of the 1996 Act and specifically, in consonance with the phrase “unless otherwise agreed by the parties”

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED — Appellant Vs. DELHI METRO RAIL CORPORATION — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Arbitration

Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (State Act), which has the effect of annulling the awards which have become “Rules of Court”, is a transgression on the judicial functions of the State and therefore, violative of doctrine of “separation of powers”

May 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT AND OTHERS — Appellant Vs. JAMES VARGHESE AND OTHERS — Respondent ( Before : L. Nageswara…

Arbitration

Arbitration and Conciliation Act, 1996 – Sections 7, 8 and 16 – Group of companies doctrine – An arbitration agreement which has been entered into by a company within a group of companies, can bind its non-signatory affiliates or sister concerns if the circumstances demonstrate a mutual intention of the parties to bind both the signatory and affiliated, non-signatory parties.

May 3, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH OIL AND NATURAL GAS CORPORATION LIMITED — Appellant Vs. M/S DISCOVERY ENTERPRISES PRTIVATE LIMITED AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y.…

Arbitration

Claim/alleged dues of 1985/1986 HELD High Court has not committed any error in dismissing the application under Section 11(6) of the 1996 Act on the ground that it is hopelessly barred by limitation and is a stale claim.

Apr 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHRAM VARU AND COMPANY — Appellant Vs. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTH EASTERN RAILWAY, KOLKATA — Respondent ( Before :…

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Category: Arbitration

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