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

November 17, 2025 1:25 am

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…

Arbitration

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…

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Acquittal

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside.

Nov 2, 2025 sclaw

Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed.

Nov 2, 2025 sclaw

General Insurance

Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire.

Nov 2, 2025 sclaw

Tenders

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

Nov 2, 2025 sclaw

Category: Arbitration

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