ELLORA PAPER MILLS LTD. Vs, STATE OF MADHYA PRADESH Date : 04-01-2022 M.R. SHAH AND B.V. NAGARATHNA, JJ. LAW POINT- The Arbitral Tribunal constituted to hear the underlying dispute was composed of employees of the State (Party), Thus, they became ineligible after the 2015 amendment, thereby terminating their mandate. FACTS The facts of the case …
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UNION OF INDIA vs. MANRAJ ENTERPRISES [CIVIL APPEAL NO. 6592 OF 2021] Date : NOVEMBER 18, 2021 LAW POINT- An arbitrator, being the creature of contract, cannot award interest contrary to the terms of the agreement. FACTS A contract was entered into between the Union of India (“ Appellant”) and Manraj Enterprises (“Respondent”) with regards …
GARG BUILDERS Vs. BHARAT HEAVY ELECTRICALS LTD. [CIVIL APPEAL NO. 6216 OF 2021] S. ABDUL NAZEER, J Date: OCTOBER 4, 2021 LAW POINT- The arbitrator does not have the power to grant pendente lite interest, when the arbitration agreement explicitly bars the payment of interest. FACTS The respondent floated a tender for the construction of …
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M/S. LAXMI CONTINENTAL CONSTRUCTION CO. Vs. STATE OF UTTAR PRADESH & ANR. [CIVIL APPEAL NO. 6797 OF 2008] M.R. SHAH, J. & A.S. BOPANNA J. Date : SEPTEMBER 20, 2021. LAW POINT- Once an officer is appointed as an Arbitrator, he continues to be the sole Arbitrator, even after retirement of the arbitrator, till the …
ARCELOR MITTAL NIPPON STEEL INDIA LTD. Vs. ESSAR BULK TERMINAL LTD. [CIVIL APPEAL NO. 5700 OF 2021] Judge : INDIRA BANERJEE, J.& K. MAHESHWARI J. Dare : SEPTEMBER 14, 2021 LAW POINT- Once an Arbitral Tribunal is constituted, the court would not take up for consideration and apply its mind to an application for an …
JAIPUR ZILA DUGDH UTPADAK SAHKARI SANGH LTD. & ORS. Vs. M/S. AJAY SALES & SUPPLIERS [SPECIAL LEAVE PETITION (CIVIL) NO. 13520 OF 2021] J. (M.R. SHAH) J. (ANIRUDDHA BOSE) Date : 09.09.2021 LAW POINT- High Court can exercise the powers under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint another arbitrator, in …
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GEMINI BAY TRANSCRIPTION PVT. LTD. Vs. INTEGRATED SALES SERVICE LTD. & ANR. [CIVIL APPEAL NOS. 8343-8344 OF 2018] R.F. NARIMAN, J (TWO JUDGE BENCH) Date : AUGUST 10, 2021 Non-signatories to arbitration agreement may be bound by the foreign award (ARBITRATION & CONCILIATION ACT) LAW POINTS Section 47(1)(c) of the Arbitration & Conciliation Act, being …
AMAZON NV INVESTMENT HOLDINGS LLC Vs. FUTURE RETAIL LTD. & ORS. Citation : [CIVIL APPEAL NOS. 4492-4493 OF 2021] R.F. NARIMAN, J. (TWO JUDGE BENCH) AUGUST 06, 2021 LAW POINTS An Emergency Arbitrator’s orders, would be covered by the Arbitration Act. The Court emphasised that when there is no provision in the Arbitration Act which …
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THE PROJECT DIRECTOR, NATIONAL HIGHWAYS NO. 45 E AND 220 NATIONALHIGHWAYS AUTHORITY OF INDIA Vs M. HAKEEM & ANR. Judge: R.F. NARIMAN, J Date: JULY 20TH, 2021. Subject : Power To Modify Under Section 34 Of Arbitration & Conciliation Act LAW POINTS Power under Section 34 of the Arbitration Act, does not include the power …
PASL WIND SOLUTIONS PRIVATE LIMITED Vs GE POWER CONVERSION INDIA PRIVATE LIMITED CITATION: CIVIL APPEAL NO. 1647 OF 2021 CORAM: JUSTICES RF NARIMAN, BR GAVAI AND HRISHIKESH ROY PRONOUNCED BY: RF NARIMAN, J. PRONOUNCED ON: 20.4.2021 LAW POINT: Parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum …
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