Appealable orders Archives – National Forum for Research in Arbitration Law

NV International overruled; limitation governing appeals under Section 37 ACA clarified

March 27, 2021 Update by Editor

Government of Maharashtra v. M/s Borse Brothers Engineers & Contractors Pvt. Ltd. and connected matters Court: Supreme Court of India | Case Number: Civil Appeal No. 995 of 2021 and two other connected matters | Citation: Currently not available | Bench: RF Nariman, BR Gavai and Hrishikesh Roy JJ |

Specific performance of a determinable contract cannot be granted nor can any injunction be issued to restrain the termination (Delhi High Court)

June 13, 2020 Update by Amitabh Abhijit

Inter Ads Exhibition Pvt. Ltd. v. Busworld International Cooperative Vennootschap Met Beperkte Anasprakelijkheid Court: High Court of Delhi | Case Number: FAO(OS) (COMM) 23/2020 | Citation: Not currently available | Judges: Hima Kohli and Asha Menon JJ | Date: 01 May 2020 | Available at: https://indiankanoon.org/doc/15135917/ A 2-judge bench

Which court has jurisdiction over an arbitral process clarified; BALCO’s concurrent-jurisdiction theory is not its real ratio; seat v. venue debate discussed; Hardy held to be contrary to BALCO (Supreme Court of India)

January 5, 2020 Article by Aimen Reshi , Prashant Mishra

BGS SGS Soma JV v. NHPC Ltd., SCC OnLine SC 1585 Supreme Court, 3-judge bench, R.F Nariman, Aniruddha Bose and V Ramasubramanian, JJ., Decided on 10 December 2019 Preface–which court has jurisdiction over an arbitral process and as a result jurisdiction to set aside an award Courts in the arbitral

Limitation to file appeal under Section 37 from a Section 34 proceedings is a maximum of 120 days (Supreme Court of India)

January 5, 2020 Updates by Aimen Reshi

NV International v State of Assam, 2019 SCC OnLine SC 1584 Supreme Court, 2-judge bench, Rohinton Fali Nariman and S Ravindra Bhat, JJ., decided on 6 December 2019 Background—Limitation under Section 34 and its effect on limitation under Section 37 as decided by the Supreme Court in Varindera Construction Section 37

Deep Industries Limited v. Oil and Natural Gas Corporation and another, 2019 SCC OnLine SC 1602 Supreme Court, 3-judge bench, Rohinton Fali Nariman, Aniruddha Bose and V. Ramasubramanian, JJ; decided on 28 November 2019 Article 227 of the Constitution of India gives the High Court the power of superintendence over

Category: Appealable orders

NV International overruled; limitation governing appeals under Section 37 ACA clarified

Specific performance of a determinable contract cannot be granted nor can any injunction be issued to restrain the termination (Delhi High Court)

Which court has jurisdiction over an arbitral process clarified; BALCO’s concurrent-jurisdiction theory is not its real ratio; seat v. venue debate discussed; Hardy held to be contrary to BALCO (Supreme Court of India)

Limitation to file appeal under Section 37 from a Section 34 proceedings is a maximum of 120 days (Supreme Court of India)

High Courts can exercise jurisdiction under Article 227 in certain arbitral matters, but with extreme circumspection, considering the statutory policy of the ACA, so that interference is restricted to orders that are passed which are patently lacking in inherent jurisdiction (Supreme Court)