2025 SCC Vol. 5 Part 3
2025 SCC Vol. 5 Part 3: Explore the latest Supreme Court Cases on the Arbitration, IBC, CPC, Contract, Criminal Law, Education Law, Labour Law and Land Acquisition.
Arbitration
Detailed Breakdown of Gujarat High Court Ruling on Delay in curing registry defects under Section 34 and its impact on arbitration applications
The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.
Delhi HC: Invoking S.18 of MSMED Act for dispute resolution not mandatory, but once invoked, party cannot seek appointment of arbitrator
“Once the mechanism under MSME Act is triggered by any party, the procedure has to be taken to its logical end. However, once there is no trigger by invoking the jurisdiction of the Council, party cannot be precluded from resorting to any other mechanism for resolution of its disputes.”
Know Thy Judge | Supreme Court of India: Justice Pankaj Mithal’s tryst with law and notable judgments
Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal began his career in law in the 1980s and subsequently went on to become Chief Justice of High Courts of J&K and Ladakh and Rajasthan.
Fraud, Arbitration, and the Indian Litigant: Insights from the LIDW 2025 Panel Discussion on Navigating the Pre-Arbitration Battlefield and Post-Award Carnage
This report delves into the key insights from the LIDW 2025 panel discussion, exploring the nuanced journey of Indian litigants as they navigate the intricacies of fraud in arbitration—from pre-arbitration disputes to post-award chaos, shedding light on the obstacles that hinder both justice and recovery.
Advancing Global Peace and Reliability: Judge Joan Donoghue’s Vision for International Dispute Settlement in a Changing World at LIDW 2025
“The members of our profession bear a responsibility as stewards of an ecosystem of international dispute settlement to demonstrate in all that we do, individually and collectively, the power of international dispute settlement as a means of promoting reliability in international interactions and advancing shared values.” – Judge Joan Donoghue
ICA brings 3rd International Conference on ‘Arbitrating Indo-UK Commercial Disputes’
The conference will take place on 05-06-2025 at Church House Westminster, London.
‘Blatant disregard of law, desperation to avoid payment’; Telangana HC imposes Rs 5 Lakhs cost on HMDA for filing vexatious pleas to avoid Rs. 179 Cr award
“We find the conduct of HMDA not only to be in blatant disregard of the law but also evincing desperation to avoid the processes of law by pushing back their obligation to make payment to CEL by filing one vexatious proceeding after another.”
‘Limitation period for invoking Arbitration begins from date of notice’; Rajasthan High Court appoints Sole Arbitrator in BSNL Contract Dispute
“The agreement executed between the parties is not disputed. This fact is not in dispute that the contract of the petitioner has been terminated and the money has been forfeited by the respondents in the month of October, 2019.”
‘LOCs can’t be treated as guarantee under S. 126 of Contract Act’; Arbitral Tribunal refuses liability of Zee & Essel in repaying loan given to SNL by Aditya Birla Finance
“Zee and Essel undertook to ensure that SNL would fulfil its obligations and assured that the outstanding amount would be paid. To treat the said LOCs as guarantees would amount to adding words which were not written.”
Can a dispute raised by an insured be referred to arbitration after issuing full and final discharge voucher to the insurer? Supreme Court answers
“The doctrine of Kompetenz-Kompetenz is now firmly embedded in the arbitration jurisprudence in India. This doctrine is based on the principle that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement”
Know Thy Judge | Supreme Court of India: Justice Pamidighantam Sri Narasimha
Appointed directly from the Bar as a Judge of the Supreme Court of India, Justice P.S. Narasimha’s tenure as an advocate and as a Judge boasts of several landmark cases.
Judicial Developments under the MSMED Act: A Quarterly Digest (January-March 2025)
by Milind Sharma*, Abhisaar Bairagi** and Ausaf Ayyub***
Non-issue of notice to certain parties under S. 21 of A&C Act does not strip the Arbitral Tribunal of its jurisdiction to implead: SC
“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.
IIAC partners with Manipal Law School, Bengaluru for launch of Online Arbitration Workshop for Professionals
The workshop is scheduled from April 18 to 22, 2025. It will provide participants with hands-on experience in arbitration proceedings, focusing on advocacy techniques and award drafting.
HIGH COURT MARCH 2025 WEEKLY ROUNDUP | Stories on Lawrence Bishnoi Gang; Corruption case against Judges; Jagjit Singh Dallewal; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘No agreement on choice of appointing authority’; SC directs parties to approach Secretary General of Permanent Court of Arbitration
While considering the petition, the Court took note of Article 6 of United Nations Commission on International Trade Law Arbitration (UNCITRAL) Rules, 2021 which deal with “Designating and appointing authorities”.
Justice Madan B. Lokur awards Anand Desai with the Capital Foundation Society National Award
The Capital Foundation National Awards ceremony, held at the Constitution Club, New Delhi, recognized legal luminaries for their exceptional contributions to the legal profession.
Year in Review 2024: Key Arbitration Pronouncements
by Arpit Kumar Singh*, Aseem Chaturvedi** and Amaan Khan***
“Let us move towards difference settlement from dispute resolution” says Vice President Jagdeep Dhankhar at IIAC Colloquium
This report contains the keynote address by Vice President Jagdeep Dhankhar as Chief Guest at the Colloquium organised by India International Arbitration Centre (IIAC) at Bharat Mandapam in New Delhi.