Arbitration and Conciliation Act 1996

A collection of 78 posts

Insolvency and Bankruptcy Code

Kalyani Transco vs Bhushan Power and Steel Limited 2025 INSC 1165 -S.62 IBC- Resolution Plan

Insolvency and Bankruptcy Code 2016 (IBC) - Section 61 – An appeal against an order approving a Resolution Plan would be available before the NCLAT only when it is found that the approved resolution plan is in contravention of the provisions of any law for the time being in force or

Arbitration and Conciliation Act 1996

HLV Limited vs PBSAMP Projects Pvt. Ltd 2025 INSC 1148 - S.31(7) Arbitration Act - Award Of Interest

Arbitration and Conciliation Act, 1996 - Section 31(7) -Once parties agree on the interest regime, the arbitrator’s role is confined to enforcing it and the courts would not rewrite or enlarge the award by introducing further interest at the execution stage (Para 30)- The discretion to grant

Arbitration and Conciliation Act 1996

Tricolor Hotels Limited v. Dinesh Jain 2025 INSC 1132 - S.15(2) Arbitration Act - Delay Condonation

Arbitration and Conciliation Act, 1996 - Section 15(2) - High Court refused to condone the delay in filing proceedings under Section 15(2) - Dismissing SLP, SC observed: High Court has considered the entire matter and was thereafter satisfied that the petitioner had failed to make out any sufficient

Arbitration and Conciliation Act 1996

Chakardhari Sureka vs Prem Lata Sureka - Arbitration Award - Execution

Arbitration and Conciliation Act 1996 - Section 34,37 -The question of executability of the award can be gone into by the Execution Court in accordance with law while addressing objections as and when raised. However, it would not be proper for the Execution Court to defer consideration of the

Arbitration and Conciliation Act 1996

Bhayana Builders Pvt. Ltd. v. Oriental Structural Engineers Pvt. Ltd 2025 INSC 1073- S.12(5) Arbitration Act

Arbitration and Conciliation Act 1996 - Section 12(5) ; Fifth Schedule- If a person cannot be appointed an arbitrator being ineligible by operation of law, he cannot nominate another as a sole arbitrator. [Context: In this case, SC held that since managing director of a company would be ineligible for

Arbitration and Conciliation Act 1996

Oil and Natural Gas Corporation Ltd. v. G & T Beckfield Drilling Services Pvt. Ltd 2025 INSC 1066 - S.31 Arbitration Act - Power To Award Pendente Lite Interest

Arbitration and Conciliation Act, 1996 - Section 31- Arbitral tribunal can be denuded of its power to award pendente lite interest only if the agreement/ contract between the parties is so worded that the award of pendente lite interest is either explicitly or by necessary implication - A clause merely

Arbitration and Conciliation Act 1996

Motilal Agarwala vs State of West Bengal 2025 INSC 1062 - S.31 Arbitration Act - Delivery Of Award

Arbitration and Conciliation Act 1996 - Section 31 - The delivery of an arbitral award under Section 31(5) is not a matter of mere formality. It is a matter of substance -The expression “party”, as defined in Section 2(1)(h) would be a person who is a “party”

Arbitration and Conciliation Act 1996

Glencore International AG vs Shree Ganesh Metals 2025 INSC 1036 - Ss.44,45 Arbitration Act - Unsigned Arbitration Agreement

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Arbitration and Conciliation Act 1996

Geojit Financial Services Ltd. v. Sandeep Gurav 2025 INSC 1021 - Ss. 33 & 34 Arbitration Act - Limitation

When does the limitation period for challenging an arbitration award begin if a Section 33 application is filed? Does the success or validity of the Section 33 request matter?

Arbitration and Conciliation Act 1996

Kamal Gupta vs L.R. Builders Pvt. Ltd 2025 INSC 975 - Arbitration - Non-Signatory Presence During Arbitration Proceedings

Can a non-signatory to an agreement leading to arbitration proceedings remain present in arbitration proceedings?

Arbitration and Conciliation Act 1996

Managing Director Bihar State Food and Civil Supply Corporation Limited vs Sanjay Kumar 2025 INSC 933 - S.11 Arbitration Act - Fraud & Arbitrability

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Arbitration and Conciliation Act 1996

Kal Airways Private Limited vs Spicejet Limited 2025 INSC 885 - S.37 Arbitration Act - Condonation Of Delay

Arbitration and Conciliation Act 1996 - Section 37 - While dismissing SLP against HC order which refused to condone delay in re-filing appeal under Section 37, SC observed: The Division Bench was of the view that considering the conduct of the petitioners, an inference could be drawn that the petitioners

Arbitration and Conciliation Act 1996

BGM and M-RPL-JMCT (JV) vs Eastern Coalfields Limited 2025 INSC 874 - Arbitration Agreement - Reference

"Any agreement, or clause in an agreement, requiring or contemplating a further consent or consensus before a reference to arbitration, is not an arbitration agreement."

MSMED Act

Sonali Power Equipments Pvt. Ltd vs Chairman, Maharashtra State Electricity Board, Mumbai 2025 INSC 864- Conciliation & Arbitration Under MSMED Act - Applicability Of Limitation Act

Sonali Power Equipments Pvt. Ltd vs Chairman, Maharashtra State Electricity Board, Mumbai 2025 INSC 866 - Conciliation & Arbitration Under MSMED Act - Applicability Of Limitation ActSonali Power Equipments Pvt. Ltd vs Chairman, Maharashtra State Electricity Board, Mumbai 2025 INSC 866 - Conciliation & Arbitration Under MSMED Act - Applicability

SARFAESI Act

Bank Of India vs Sri Nangli Rice Mills Pvt. Ltd. 2025 INSC 765 - Section 11 SARFAESI Act

❓What is Section 11 SARFAESI Act about? Section 11 of the SARFAESI Act, provides for a statutory arbitration for any dispute mentioned therein between any of the parties enumerated thereunder. There is no need for an explicit written agreement to arbitrate between such parties in order to attract Section 11

Arbitration and Conciliation Act 1996

K. Mangayarkara vs N.J. Sundaresan 2025 INSC 687 - S.8 Arbitration Act

Arbitration and Conciliation Act 1996 - Section 8 - Once an application in due compliance with Section 8 is filed, the approach of the civil court should be not to see whether the court has jurisdiction. It should be to see whether its jurisdiction has been ousted- Once there is

Arbitration and Conciliation Act 1996

Interstate Construction vs National Projects Construction Corporation Ltd. 2025 INSC 699 - S. 31(7) Arbitration Act - Pre Reference & Pendente Lite Interest

Arbitration and Conciliation Act - Section 31(7)(a) - There is now a statutory recognition of the power of the arbitral tribunal to grant pre-reference interest from the date on which the cause of action arose till the date on which the award is made (Para 34) - The

Arbitration and Conciliation Act 1996

South Delhi Municipal Corporation of Delhi vs SMS Limited 2025 INSC 693 - Valid Arbitration Agreement -Elemental Test

Arbitration and Conciliation Act 1996 - Section 7 - A dispute resolution clause may only rise to the level of a valid arbitration clause or agreement when it signifies a clear intent to arbitrate, entails a binding adjudicatory process, and contemplates compliance with general arbitral norms. i. Clear Intent to

Arbitration and Conciliation Act 1996

Gayatri Project Limited vs Madhya Pradesh Road Development Corporation Limited 2025 INSC 698 - S.34 Arbitration Act - Lack Of Jurisdiction

Arbitration and Conciliation Act 1996 - Section 34 - A plea of lack of jurisdiction, being a question of law, may be raised for the first time under Section 34, yet such a plea is nevertheless subject to the waiver - Such a plea may only be entertained if the

Arbitration and Conciliation Act 1996

Office For Alternative Architecture vs IRCON Infrastructure And Services Ltd. 2025 INSC 665 - S.11 Arbitration Act

Arbitration and Conciliation Act 1996 - Section 11 - In this case, while appointing an arbitral tribunal, High Court excluded certain claims by holding them to be non-arbitrable - Allowing appeal, SC observed: High Court fell in error in bisecting the claim of the appellant into two parts, one arbitrable

Arbitration and Conciliation Act 1996

Arabian Exports Private Limited vs National Insurance Company Ltd 2025 INSC 630 - S.11(6) Arbitration Act - Kompetenz-Kompetenz

Arbitration and Conciliation Act 1996 - Section 11(6) - SC set aside HC judgment that rejected applications seeking appointment of arbitrator and observed: The question as to whether the applicant was compelled to sign the standardized voucher/advance receipt forwarded to it by the respondent out of economic duress

Arbitration and Conciliation Act 1996

ASF Buildtech Private Limited vs Shapoorji Pallonji And Company Private Limited 2025 INSC 616 - Arbitration Act - Impleading Power Of Arbitral Tribunal

❓Whether the Arbitral Tribunal has the power to Implead / Join Non- Signatories to the Arbitration Agreement? Arbitration and Conciliation Act 1996 - Even in the absence of an express provisions in the Act, 1996 empowering the arbitral tribunal to implead or join a party who is otherwise bound by the

Arbitration and Conciliation Act 1996

Gayatri Balasamy vs ISG Novasoft Technologies Limited 2025 INSC 605 - Arbitration Act - Courts' Power To Modify Awards

❓Whether the powers of the Court under Sections 34 and 37 of the Arbitration and Conciliation Act 1996 will include the power to modify an arbitral award? Majority Judgment (4:1) - Court has a limited power under Sections 34 and 37 of the 1996 Act to modify the arbitral

Arbitration and Conciliation Act 1996

Consolidated Construction Consortium Limited vs. Software Technology Parks Of India 2025 INSC 574 - S.34Arbitration Act - Ss. 55,73,74 Contract Ac

Indian Contract Act 1872 - Section 55,73,74 - In a contract whether time is of the essence or not, if the contractor fails to execute the contract within the specified time, the contract becomes voidable at the option of the promisee and the promisee would be entitled to

Arbitration and Conciliation Act 1996

Electrosteel Steel Limited vs ISPAT Carrier Private Limited 2025 INSC 525 - S.34 Arbitration Act - Execution Of Arbitration Award - S. 47 CPC Objections - IBC Moratorium

Arbitration and Conciliation Act 1996 - Section 34 ; Code of Civil Procedure 1908 - Section 47 - Objection to execution of an award under Section 47 CPC is not dependent or contingent upon filing a petition under Section 34 of the 1996 Act (Para 49)- a plea of nullity