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Search Results for "Arbitral Tribunal"

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Supreme Court

Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

23 Mar 2023

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Over Contract Termination and Interest Dispute. The court upheld the High Court's setting aside of arbitral award parts on forfeiture of security deposits and interest on certain advances, citing impermissible clause switching and lack of contractual basis for interest.

17 Mar 2023

The dispute arose from a construction contract between Indian Railway Construction Company Limited (IRCON) and National Buildings Construction Corpora...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Award Challenge - Upholds Division Bench's Setting Aside of Award on Public Policy and Limitation Grounds. Award Found Contrary to Public Policy Due to Unsustainable Accounting Method Over 21 Years and Counter Claim Barred by Limitation Under Section 17 of Limitation Act, 1963 as Filed Beyond 3 Years from Knowledge of Alleged Fraud.

2 Mar 2023

The appeal arose from an order of the Madras High Court Division Bench which set aside an arbitral award that had been upheld by a single judge. The d...

Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

Supreme Court

Supreme Court Allows Landowner's Appeal in Arbitration Dispute Over Development Agreement Validity. Clause 18 of Development Agreement Held as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996, Reversing High Court's Dismissal of Section 11 Application.

7 Sep 2022

The dispute originated from a Development Agreement dated 29.05.2014 between the appellant landowner and respondent developer for construction of an a...

Supreme Court

Supreme Court Disposes of Appeal in Tender Disqualification Case Based on Consent Terms. Termination of Concession Agreement Not to be Treated as Disqualification for Future Tenders by Public Authorities, Given Appellant's Undertaking Not to Claim Rights in Specific Tenders and Pending Arbitration.

5 Sep 2022

The Supreme Court disposed of a civil appeal and a writ petition concerning the disqualification of Adani Ports and Special Economic Zone Limited from...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Upholding Arbitrator's Discretion on Post-Award Interest. The Court held that under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, the arbitrator has discretion to determine the quantum for post-award interest, and since the award specified interest only on the principal, the statutory default did not apply.

1 Sep 2022

The appeal arose from a judgment of the Delhi High Court dismissing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, which ch...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Italian Marines in Maritime Shooting Case Based on UNCLOS Arbitral Award and Compensation Settlement. The Court exercised powers under Article 142 of the Constitution of India to close all proceedings, including FIR and bail bonds, after Italy deposited Rs. 10 crores as compensation and all parties agreed to the arbitral award under the United Nations Convention on the Law of the Sea, 1982.

15 Jun 2022

The dispute arose from an incident on 15 February 2012, where two Indian fishermen were killed off the coast of Kerala after being fired upon from the...

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