Search Results for "Arbitrator"

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Search Results for "Arbitrator"

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Supreme Court

Supreme Court Allows Appeal on Arbitrator Fees: NHAI's Revised Fee Schedule Prevails Over Fourth Schedule of Arbitration Act. The court held that arbitrator fees fixed by agreement are binding and that the Fourth Schedule does not override such agreement, but the fee schedule is subject to revision by subsequent policy circulars.

10 Jul 2019

The Supreme Court dealt with two appeals concerning arbitrator fees in contracts with the National Highways Authority of India (NHAI). In Civil Appeal...

Supreme Court

Supreme Court Appoints Sole Arbitrator in University Software Contract Dispute. Parties jointly request retired judge as arbitrator; Court appoints subject to Section 12 declarations and Fourth Schedule fees.

9 Jul 2019

The petitioner, Nirmal Software Services Pvt. Ltd., entered into a Memorandum of Understanding (MoU) with Dr. Babasaheb Ambedkar Marathwada University...

Supreme Court

Supreme Court Allows Impleadment of Non-Signatory Group Company in Arbitration Under Group of Companies Doctrine. The court held that a non-signatory parent company can be bound by an arbitration agreement when the mutual intention of the parties is to bind both signatory and non-signatory entities, based on factors such as relationship, commonality of subject matter, and composite nature of transactions.

1 Jul 2019

The petitioner, Reckitt Benckiser (India) Private Limited, filed a petition under Sections 11(5), 11(9), and 11(12)(a) of the Arbitration and Concilia...

Supreme Court

Supreme Court Dismisses Tender Dispute Petition, Upholds Limited Judicial Review in Government Contracts. The Court held that writ courts should not interfere in commercial decisions of public sector undertakings unless arbitrariness, mala fides, or perversity is established, and that the employer is the best judge of tender conditions.

21 Jun 2019

The case involves a dispute over the rejection of a tender submitted by The Silppi Constructions Contractors (the petitioner) for two works at Kochi, ...

Supreme Court

Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

27 May 2019

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

Supreme Court

Supreme Court Allows Developer's Appeals in Consumer Disputes Over Delayed Possession — Compensation Modified to 9% Interest Per Annum in Line with Consent Orders. The Court held that the developer is entitled to a three-year completion period and compensation for delay shall be at a uniform rate of 9% per annum, not the higher rates awarded by the NCDRC.

10 May 2019

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) concerning d...

Supreme Court

Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

8 May 2019

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

Supreme Court

Supreme Court Allows Appeal in Hindu Religious Endowments Case — Commissioner Not a Court, Section 5 Limitation Act Not Applicable. Delay Condonation by Commissioner Under Section 69 of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Set Aside as Commissioner Lacks Power to Apply Section 5 of Limitation Act.

3 May 2019

The appeal arose from a dispute concerning the right to receive first respect as an Ambalam in a village in Tamil Nadu. The appellant, Ganesan, throug...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

Supreme Court

Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

10 Apr 2019

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

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