Arbitration – Jurisdictional Seat – The appointment of a new arbitrator who conducts arbitration proceedings at a different location does not change the jurisdictional 'seat' already fixed by the first arbitrator – The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held – Jurisdictional 'seat' remains sta...
Civil Procedure – Appointment of Commissioner – Order 26 Rule 9 and Rule 11 CPC – Court has wide powers to appoint a commissioner for local investigations to elucidate any matter in dispute or to ascertain the market value of any property, mesne profits, damages, or annual net profits – Commissioners do not perform judicial acts but ministerial acts to aid the court –...
Bidding Process – Annulment – Justification – The appeals challenge the annulment of the bidding process for the Nagpur Airport project. The Court considered whether the annulment was arbitrary and without valid reason, focusing on the terms of the RFQ and RFP and the statutory provisions under the Airports Authority of India Act, 1994 [Paras 1-17].
Letter of Award (...
Arbitration – Group of Companies Doctrine – The petition called into question the applicability of the Group of Companies Doctrine in Indian arbitration law, particularly under Section 8 of the Arbitration and Conciliation Act, 1996. The doctrine's relevance, interpretation, and the extent to which it can bind non-signatory parties to an arbitration agreement were examined and refe...
Arbitration – Appointment of Arbitrator – Absence of Written Agreement – The Supreme Court held that in the absence of any written contract containing the arbitration agreement, Section 11(6) of the Arbitration and Conciliation Act, 1996 shall not be applicable, and therefore, an application under this provision shall not be maintainable. The parties themselves had agreed on a pr...
Interest Pendente Lite – Inclusion in Awarded Sum – The appeal addresses whether the "sum" awarded under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, includes interest pendente lite. The Court held that the sum awarded under this provision does include such interest unless there is an agreement to the contrary between the parties [Paras 10-13].
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Constitutional Law – Legislative Competence – Concurrent List – Subject of Arbitration falls under Entry 13 of List III – State Legislature can enact law on arbitration subject to President's assent – State Act reserved for and received President's assent prevails over Central law – State Act within legislative competence of State Legislature [Paras 1-9]...
Arbitration – Pre-deposit Requirement – Section 19 of MSMED Act: The court held that the pre-deposit of 75% of the awarded amount under Section 19 of the MSMED Act is a mandatory requirement when challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act. The court overruled the High Court's decision that treated the pre-deposit requirement as directory ...
Arbitration – Interim Measures – Deposit of Rental Amounts: The Supreme Court held that the arbitral tribunal should not have directed the appellant to deposit 100% of the rental amount due for the period between March 2020 and December 2021 by way of interim measures when there was a serious dispute regarding the liability of rental payments during the Covid-19 pandemic under the forc...
Insolvency and Bankruptcy – Moratorium – Exclusion of Time – Section 60(6) of the IBC provides for the exclusion of the entire period during which the moratorium was in force in respect of a corporate debtor in regard to a proceeding as contemplated therein – Proceedings by the corporate debtor during the moratorium period are also covered under this exclusion – Inter...