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 |
Continue readingNV International overruled; limitation governing appeals under Section 37 ACA clarified
Update by Editor
Categories: Appealable orders | Section 13 Commercial Courts Act | Section 37 | Section 43 | Set aside or refusing to set aside an arbitral award | Setting aside arbitral award
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)
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
Continue reading Categories: Appealable orders | Arbitral seat | BALCO | Concurrent jurisdiction | Designation of arbitral seat | Exclusive jurisdiction | Interpretation of judgment | Maintainability | Seat | Seat of arbitration | Set aside or refusing to set aside an arbitral award | Tests for determination of seat | Venue | Venue of arbitration
Limitation to file appeal under Section 37 from a Section 34 proceedings is a maximum of 120 days (Supreme Court of India)
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
Continue reading Categories: Appeal | Appealable orders | Limitation | Limitation Act | Limitation under Section 37 | Set aside or refusing to set aside an arbitral award