Supreme Court of India: Construction of Contract by the Arbitrator and Judicial Intervention in Appeal in the Award FACTUAL MATRIX In NHAI v HCC, CA 4702 of 2023, the National Highways Authority of India (‘NHAI’) awarded a construction contract to M/s Hindustan Construction Company Ltd. (‘HCC’). Disputes arose between the parties and the same was…
Singapore Court of Appeal: Conditional Award & Reservation of Jurisdiction by an Arbitrator to Issue a Further Award
Singapore Court of Appeal: Conditional Award & Reservation of Jurisdiction by an Arbitrator to Issue a Further Award In Voltas Ltd. v York International Pte Ltd. [2024] SGCA 12, the Singapore Court of Appeal dealt with some very interesting questions related with conditional awards and the power of an arbitrator to expressly or impliedly reserve…
Singapore International Commercial Court: Disclosure of Fee Arrangement and Awarding of Costs in Arbitration
Singapore International Commercial Court: Disclosure of Fee Arrangement and Awarding of Costs in Arbitration FACTUAL MATRIX In the facts of Government of the Lao People’s Democratic Republic v Lao Holdings NV [2024] SGHC(D) 9, certain disputes arose between Lao Holding NV (‘LMNV’) and Government of the Lao People’s Democratic Republic (‘GOL’) which was decided to…
Supreme Court: Whether a Creditor providing an Interest bearing Security Deposit is a financial creditor under IBC
Supreme Court: Whether a Creditor providing an Interest bearing Security Deposit is a financial creditor under IBC Corporate Debtor (‘CD’) entered into two Service Agreements with the Creditor and in lieu thereof, CD has taken an interest bearing security deposit from such Creditor. The question before the Hon’ble Supreme Court was whether such arrangement makes…
Supreme Court of India: Whether a Patently Illegal and Perverse Domestic Award can be set aside by the Supreme Court in a Curative Petition
Supreme Court of India: Whether a Patently Illegal and Perverse Domestic Award can be set aside by the Supreme Court in a Curative Petition The subject issue has been recently decided by the Hon’ble Supreme Court of India in Delhi Metro Rail Corporation Ltd. vs. Delhi Airport Metro Express Private Limited Curative Petition (C) Nos.108-109…
Supreme Court of India: Incorporation by Reference of An Arbitration Clause in A ‘Two Contract’ Case
Supreme Court of India: Incorporation by Reference of An Arbitration Clause in A ‘Two Contract’ Case In NBCC (India) Limited v Zillion Infraprojects Pvt. Ltd., the Hon’ble Supreme Court of India has discussed the concept of incorporation of arbitration clause by reference in a ‘Two Contract’ case and held that in ‘Two Contract’ cases an…
Singapore High Court: Whether Failure to Raise Jurisdictional Challenge Amounts to Submission to the Tribunal’s Jurisdiction
Singapore High Court: Whether Failure to Raise Jurisdictional Challenge Amounts to Submission to the Tribunal’s Jurisdiction In 2021, the Dubai International Financial Centre Arbitration Institute (“DIFC”) was abolished by Decree No 34 of 2021 (the “Decree”) issued by the Dubai government. The Decree abolished DIFC and transferred its assets to DIAC. Consequently, the Dubai International…
Singapore High Court: Conflicting Dispute Resolution Clauses and Transnational Issue Estoppel in Parallel Proceedings
Singapore High Court: Conflicting Dispute Resolution Clauses and Transnational Issue Estoppel in Parallel Proceedings In Sacofa Sdn Bhd v Super Sea Cable Networks Pte Ltd and another [2024] SGHC 54, the Singapore High Court inter alia dealt with issues related with conflicting dispute resolution clauses of two contracts in a peculiar situation. While deciding the…
Supreme Court of India: Whether Section 29A of Indian Arbitration Act as amended in 2019 is Prospective or Retrospective in Nature
Supreme Court of India: Whether Section 29A of Indian Arbitration Act as amended in 2019 is Prospective or Retrospective in Nature. Section 29A of the Indian Arbitration and Conciliation Act, 1996 (Arbitration Act) in its original form, provided a deadline for passing of an arbitral award which was 12 months from the period when the…
Supreme Court of India: Limitation Period to file an Application seeking Appointment of Arbitrator in India
Supreme Court of India: Limitation Period to file an Application seeking Appointment of Arbitrator in India An application seeking appointment arbitrator by Court is filed under Section 11(6) of the Indian Arbitration and Conciliation Act (“A&C Act”). However, it does not prescribe any limitation period within which such an application can be filed. In this…
Ananya Pratap Singh 