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 : Whether the Facilitation Council Formed under the MSMED Act has the Power to Review its Own Arbitral Award

The Micro, Small and Medium Enterprises Development Act, 2006 (‘MSMED Act’) was enacted to provide, for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto. Under the recovery mechanism provided in the MSMED Act, if any party has a dispute with…

Bombay High Court: Can An Order Of The Court Setting Aside An Arbitral Award Be Reviewed/Recalled Under Plenary Jurisdiction Of Such Court?

In Kalpataru Power Transmission Ltd. v. Maharashtra State Electricity Transmission Co. Ltd. Rev. Pet. (Lodging) No. 51 of 2019 decided on 21 Jan 2020, the question that arose for consideration of the Bombay High Court was whether a review petition seeking recall of its judgment and award thereby setting aside a majority award passed by…