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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The arbitrator could not decide upon the legal issue of fraud and criminal misappropriation of funds in arbitration proceedings

[Case Brief] N. Radhakrishnan v/s M/s Maestro Engineers & Ors

Case name N. Radhakrishnan v/s M/s Maestro Engineers & Ors Case number Civil Appeal Number 7019 of 2009 Court Supreme Court of India Bench Justice Tarun Chaterjee Decided on October 22, 2009 Relevant Act/Sections Arbitration and Conciliation Act, 1996-…

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Even though there was a pending criminal proceeding, it would cause no prejudice to the parties if the matter were referred to arbitration.

[Case Brief] Swiss Timing Limited v/s Organising Committee, Commonwealth Games

Case name Swiss Timing Limited v/s Organising Committee, Commonwealth Games Case number Arbitration Petitions 34 of 2013 Court Supreme Court of India Bench Justice Surinder Singh Najjar Decided on  May 28, 2014 Relevant Act/Sections  Arbitration and Conciliation Act, 1996-…

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All disputes relating to rights in personam are considered arbitrable and those relating to rights in rem are considered non-arbitrable.

[Case Brief] Booz Allen & Hamilton Inc. v/s SBI Home Finance Ltd. & Ors

Case name Booz Allen & Hamilton Inc. v/s SBI Home Finance Ltd. & Ors Case number Civil Appeal Number 5440 of 2002 Court Supreme Court of India Bench Justice R.V.Raveendran and Justice J.M. Panchal Author of the judgment Justice…

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Eviction and tenancy matters, which are governed by a special legislation, will have the jurisdiction of the authority mentioned in the special legislation only.

[Case Brief] Natraj Studios (P) Ltd. v/s Navrang Studios & Others

Case name Natraj Studios (P) Ltd. v/s Navrang Studios & Others Case number Civil Appeal Number 1906 and 1907 of 1980 Court Supreme Court of India Bench Justice O. Chinnappa Reddy, Justice Baharul Islam,  Justice R.S. Pathak Author of…

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[Case Brief] The court can review the Arbitral award only in cases of fraud, bias by the arbitrator or in violation of natural justice.

[tabgroup_vertical title=""] [tab title="Brief Facts and Procedural History"] Brief Facts and Procedural History: On 20.3.1991, respondent invited tender for the execution of certain work in connection with new goods terminal yard of South-Eastern Railway in Howrah District. The appellant…

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