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…
Tag: Supreme Court of India
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…
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…
Supreme Court: Whether Unilateral Increase in Fees by the Tribunal Can be A Ground to Terminate its Mandate?
Supreme Court: Whether Unilateral Increase in Fees by the Tribunal Can be A Ground to Terminate its Mandate? Under the Indian arbitration regime, an arbitrator has a continuous duty of disclosure in respect of circumstances which may give rise to ‘justifiable doubts’ about his / her ‘independence and impartiality’. Under the Indian Arbitration & Conciliation…
Supreme Court of India: Whether an Arbitration Clause needs to be In Consonance with the Constitution of India to be Legally Binding
In Lombardi Engineering Limited v. Uttarakhand Jal Vidyut Nigam Limited decided on 06.11.2023, the issue which fell for consideration of the Hon’ble Supreme Court of India was whether an arbitration clause providing for a mandatory pre-deposit of 7% of the total claim as a condition precedent to invoke arbitration is violative of Article 14 (Equality…
Supreme Court of India: Standard of Scrutiny by an Appellate Court of an Award passed by an Expert Appointed as Arbitrator
Supreme Court of India: Standard of Scrutiny by an Appellate Court of an Award passed by an Expert Appointed as Arbitrator Whether a Dissenting opinion Can be treated as an Award if the Majority Award is Set Aside ? In Hindustan Construction Company Limited vs. National Highway Authority of India 2023INSC768, the Supreme Court of…
Supreme Court of India: Legal Misconduct of an Arbitrator as a ground to set aside the Award
Supreme Court of India: Legal Misconduct of an Arbitrator as a ground to set aside the Award In M/S S.D. Shinde Tr. Partner v. Govt. of Maharashtra & Ors. CA 6107-6108 of 2017 decided on 22 August 2023, the argument raised by the Award-holder before the Hon’ble Supreme Court of India was that the award…
Supreme Court of India: Whether by virtue of Art. 299 of the Indian Constitution the Union of India is Immune from the ineligibility of appointment as an arbitrator provided in the Indian Arbitration Act
Supreme Court of India: Whether by virtue of Art. 299 of the Indian Constitution the Union of India is Immune from the ineligibility of appointment as an arbitrator provided in the Indian Arbitration Act By virtue of Section 12(5) of the Indian Arbitration & Conciliation Act (‘Arbitration Act’), if any person who falls under any of…
Ananya Pratap Singh 