[Case Brief] United India Insurance Co. Ltd. v/s Antique Art Exports Pvt. Ltd. - 2019 (3) ARBLR 51 (SC)

The powers under Section 11(6) of the Arbitration Act can be exercised only when the claiming party establishes its case by placing satisfactory material on record.

The present judgment was delivered by a two judge bench consisting of Justice Ajay Rastogi and Justice AM Khanwilkar on March 28, 2019. It deals with section 11(6) and Section 11(6A) of the Arbitration and Conciliation Act, 1996. In…

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The Court cannot appoint an independent arbitrator unless it first resorts to the mechanism of appointment of arbitrator as mutually decided by the parties

[Case Brief] Union of India v/s Parmar Construction Company

Case name Union of India v/s Parmar Construction Company Case number Civil Appeal Number 3303 of 2019 Court Supreme Court of India Bench Justice Ajay Rastogi and Justice A.M. Khanwilkar Author of the judgment Justice Ajay Rastogi Decided on…

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After the amendment to the Act in 2015, Section 12(5) prohibits current employees of any party from being appointed as the arbitrator.

[Case Brief] Rajasthan Small Industries Corporation Limited  v/s Ganesh Containers Movers Syndicate

Case name Rajasthan Small Industries Corporation Limited  v/s Ganesh Containers Movers Syndicate Case number Civil Appeal Number 1039 of 2019 Court Supreme Court of India  Bench  Justice R. Banumathi and Justice Indira Banerjee Author of the judgement  Justice R.…

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An appointment of an arbitrator made by a person ineligible to act as an arbitrator himself is null and void.

[Case Brief] Bharat Broadband Network Limited v/s United Telecom Limited

Case name Bharat Broadband Network Limited v/s United Telecom Limited Case number Civil Appeal Number 3972 of 2019  Court Supreme Court of India Bench Justice Rohinton Fali Nariman and Justice Vineet Saran Author of the judgement Justice Rohinton Fali…

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Courts cannot appoint arbitrator(s) when the contract containing the arbitration clause is insufficiently stamped.

[Case Brief] Garware Wall Ropes Ltd. v/s Coastal Marine Constructions & Engineering Ltd.

Case name Garware Wall Ropes Ltd. v/s Coastal Marine Constructions & Engineering Ltd. Case number Civil Appeal Number 3631 of 2019 Court Supreme Court of India  Bench Justice Rohinton Fali Nariman and Justice Vineet Saran Author of the judgment…

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A bar cannot be created on the rights of a secured creditor under SARFAESI Act merely because an arbitration proceeding has been initiated.

[Case Brief] Indiabulls Housing Finance Limited v/s Deccan Chronicle Holdings Limited and others

Case name Indiabulls Housing Finance Limited v/s Deccan Chronicle Holdings Limited and others Case number Civil Appeal Numbers 18 of 2018 Court Supreme Court of India Bench Justice A.K. Sikri & Justice Ashok Bhushan Decided on  February 23, 2018…

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No differential or exceptional treatment is to be given to the Government under the Arbitration and Conciliation Act, 1996 even while considering an application for grant of stay of a money decree in proceedings under Section 34 of the Act.

[Case Brief] Pam Development Private Ltd. v/s State of West Bengal

Case name Pam Development Private Ltd. v/s State of West Bengal Case number Civil Appeal Nos. 5432 and 5433 of 2019 Court Supreme Court of India  Bench Justice Vineet Saran Decided on  July 12, 2019 Relevant Act/Sections Arbitration and…

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The burden to establish that the Respondent had an intention to consent to arbitration agreement was on the Applicant

[Case Brief] Reckitt Benckiser (India) Private Limited v/s Reynders Label printing India Private Limited & Ors

Case name Reckitt Benckiser (India) Private Limited v/s Reynders Label printing India Private Limited & Ors Case number Arbitration (Civil) Number 65 of 2016 Court Supreme Court of India  Bench Justice A.M. Khanwilkar and Justice Ajay Rastogi Author of…

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A procedural order needs to be differentiated from an interim award as only the latter can be challenged in the court of law.

[Case Brief] ONGC Petro Additions Limited v/s Tecnimont S.P.A & Ors

Case name ONGC Petro Additions Limited v/s Tecnimont S.P.A & Ors Case number O.M.P (Comm) 196/2019 and I.A. 7134 of 2019 Court Delhi High Court Bench Justice Sanjeev Narula Decided on  July 1, 2019 Relevant Act/Sections Arbitration and Conciliation…

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