2024 SCC Vol. 1 Part 3
Penal Code, 1860 — S. 302 or 304 Pt. II r/w S. 300 Exceptions 1 & 4 — Murder or culpable homicide:
arbitration and conciliation act
‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)
“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”
‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal
“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”
Delhi High Court restrains Dedicated Freight Corridor Corpn. of India Ltd. from invoking or encashing Bank Guarantees against Sojtiz-L&T till next date of hearing
“The Engineer, in terms of the Agreement, does not have the power to review the decision of 08-05-2015 made by the earlier Engineer who has adjudicated upon the issue regarding change in the liability of petitioner on account of reduced BCD.”
NLSIU | Panel Discussion of ‘Decoding the NN Global Judgment’ [January 10, 2024]
A panel discussion is being convened jointly by Law School Policy Review (LSPR), Vidhi Centre for Legal Policy and NSLIU Kautilya Society.
Stamp Act, 1899 and Arbitration and Conciliation Act, 1996 – Yeh Rishta Kya Kehlata Hai?
by Anirudh Goyal† and Jaspreet Singh††
Cancellation of Deed is arbitrable being an action in personam: Supreme Court’s verdict explained
The appellant had raised an objection raised on application of Section 8 of the Arbitration Act, that ‘the cancellation of a document relating to immovable property i.e. land was sought and therefore it amounts to an action in rem and hence, the matter was non-arbitrable.’
10 Important Insolvency Law Judgments of 2023
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 1
‘Complete lack of due diligence in prosecution as petition u/s 34 of A&C Act, 1996 dismissed twice’; Delhi HC dismisses application filed for availing benefit u/s 14 of Limitation Act
“In the context of Section 14 of Limitation Act, 1963, what needs to be seen is whether appellant has brought on the record any evidence to show that he is prosecuting the previously instituted suit with due diligence.”
Can MSMED Act have an overriding effect over Arbitration and Conciliation Act and agreement between parties? Allahabad HC answers
“The parties to an arbitration have an autonomy to decide not only on the procedural law to be followed, but also on the substantive law”
N.N. Global III: Supreme Court Performs the Balancing Act by Passing the Stamping Baton to Arbitral Tribunals
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2023 SCC OnLine Blog Exp 88
Beyond the Signature: Supreme Court Redefines Party Status in Arbitration Proceedings using the Group of Companies Doctrine
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2023 SCC OnLine Blog Exp 85
2023 SCC Vol. 9 Part 3
Liquidated Damages: In this article, the author clarifies misconceptions which have arisen about Section 74 of the Contract Act because of certain
In conversation with Dhritiman Roy on Dispute Resolution in the field of IPR
Interviewed by Sucharita Mishra
2023 SCC Vol. 9 Part 1
Administrative Law — Subordinate/Delegated Legislation — Judicial Review/Validity of Subordinate/Delegated Legislation — Specific Pleadings — Necessity: For striking down statutory provision or
Supreme Court stays Calcutta HC order which restricted application filed under S.29A(4) of Arbitration Act after expiry of term of the Tribunal
Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.
Permissibility of Arbitration Proceedings by Empanelled Arbitrators under the MSMED Act, 2006
by Hiresh Choudhary* and Surbhi Sharma**
2023 SCC Vol. 8 Part 3
Animals, Birds and Fish — Fishing and Fisheries — Purse seine fishing (PSF), a pernicious form of fishing that harms all marine life.
“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa HC
Arbitrator is a Judge chosen by the parties and his decision is final as long as it is founded in fairness and justice and an award cannot be passed on the ipse dixit of the arbitrator.