Bhaven Construction v. Executive Engineer, Sardar Sarovar Nigam Limited and Another Court: Supreme Court of India | Case Number: Civil Appeal No. 14665 of 2015 | Citation: 2021 SCC OnLine SC 8 | Bench: NV Ramana, Surya Kant, Hrishikesh Roy JJ | Date of decision: 6 January 2021 Bhaven
Continue readingPower under Articles 226/227of the Constitution must be exercised in an arbitration case with exceptional rarity, where one party is left remediless, or a clear bad faith is shown by one of the parties. (Supreme Court)
The provisions in the SIAC Rules for emergency arbitration do not violate Indian laws (Delhi High Court)
Future Retail Limited v. Amazon.Com Investment Holdings LLC and others Court: Delhi High Court| Case number: CS (Comm) 493 of 2020 | Citation: 2020 SCC OnLine Del 1636 |Bench: Mukta Gupta J | Date: 21 December 2020 | Final or interim decision: Interim Appellate proceedings: Appeal filed by Amazon pending
Continue readingExistence and validity and of an arbitration agreement, and arbitrability of the dispute can be examined in proceedings under Section 8 and Section 11 ACA. The court should interfere in limited cases where it is plainly arguable that the arbitration agreement is non-existent, invalid or the disputes non-arbitrable. (Supreme Court)
Vidya Drolia and others v. Durga Trading Corporation (Vidya Drolia II) Court: Supreme Court of India | Case Number: Civil Appeal No. 2402 of 2019 | Citation: 2020 SCC OnLine SC 1018 | Bench: NV Ramana, Sanjiv Khanna and Krishna Murari JJ | Date of decision: 14 December 2020 |
Continue readingClause restricting choice of one party to select the sole arbitrator from a panel of three names is okay. Voestalpine (2-judge bench SC) cannot be relied on because of CORE (3-judge bench SC). Passages in Voestalpine about broad-based panel were merely suggestions (Delhi High Court)
Iworld Business Solutions Private Limited v. Delhi Metro Rail Corporation Limited Court: Delhi High Court| Case number: OMP (T) Comm. 71 of 2020 | Citation: Not available currently |Bench: C Hari Shankar J | Date: 04 December 2020 Applying the decision of the Supreme Court in CORE (cited below), a
Continue readingIs dismissal of a set-aside petition on limitation appealable? Though answering no, the Delhi High Court granted a certificate for appeal to the Supreme Court.
Chintels India Limited v. Bhayana Builders Pvt. Ltd. Court: Delhi High Court| Case number: FAO (OS) Comm. No. 68 of 2020 | Citation: Not available currently |Bench: Rajiv Sahai Endlaw and Asha Menon JJ | Date: 04 December 2020 Is an order dismissing a set-aside petition filed under
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