Singapore Court of Appeal: “Awarding Interest On Or Upon Damages” vs “Interest As Damages” and Whether Time Barred Claim is a jurisdictional or admissibility Issue?

An arbitral tribunal exceeds its jurisdiction if it decides on issues that are beyond the scope of the arbitration clause, upon a proper construction of the clause.[1]  The question then arises as to whether an award in which the tribunal has awarded damages and/or pre-award interest even though there was an express prohibition on “punitive,…

Supreme Court of India: Can the Arbitrator Award Pendente Lite Interest When the Agreement Between the Parties Specifically Prohibits It?

In Jaiprakash Associates Ltd. v. Tehri Hydro Development Corporation India Ltd. Civil Appeal No(s). 1539 of 2019 decided on 7 February 2019, the Supreme Court of India addressed the issue of whether the Arbitrators could award any interest in view of specific clauses in the Agreement between the parties which categorically provide that no interest…

Supreme Court of India: Whether the Consumer Disputes are non-arbitrable?

In M/S Emaar Mgf Land Limited vs Aftab Singh Civil Appeal Nos.23512-23513 of 2017 decided on 10 December 2018, the Supreme Court of India dealt with the issue of whether a remedy under the Indian Consumer Protection Act, 1986 (‘CPA’) being a special remedy can be initiated and continued despite there being any arbitration agreement…

Supreme Court of India: In a bidding dispute, whether an arbitration clause contained in the draft agreement can be invoked when the agreement was agreed not to be concluded till completion of entire bidding process

In the case of M/S PSA Mumbai Investments Pte. Limited v. The Board of Trustees of the Jawaharlal Nehru Port Trust and Anr. Civil Appeal no. 9352 of 2018, a dispute arose from a bidding process of a tender in which the bidding was in two stages: first stage was of eligibility & second stage…