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Showing posts with label arbitration. Show all posts
Showing posts with label arbitration. Show all posts
Sunday, 21 June 2026

Bombay HC: Acceptance Of Insurance Claim Under Protest Not 'Accord And Satisfaction

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However, in the present case, there is no admitted claim, and the controversy concerns the application of the principle of accord and satisf...
Sunday, 7 June 2026

Supreme Court: Non- stamping or inadequate stamping of an arbitration agreement is merely a curable defect

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Thereafter, the Constitution Bench recorded its conclusions in paragraph 224 as under: 224. The conclusions reached in this judgment are sum...

Supreme Court on Liquidated Damages: Proof of Actual Loss is not Always Necessary

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 Further, when the agreement categorically stipulated timelines for the commencement and completion of the construction and the consequences...
Thursday, 28 May 2026

Supreme Court: Party Estopped From Challenging Award On The Ground Of Mandate Expiry After Accepting Extension Of Arbitrator's Mandate

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 In the facts of the present case, Section 29A of the Act does not apply. At the relevant time, there was no statutory provision prescribing...
Tuesday, 26 May 2026

National Highway Land Arbitration Revisited: Supreme Court’s Section 26 Roadmap for Fair Compensation

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1. Introduction: Why This Judgment Matters The Supreme Court’s decision in Project Director, NHAI v. Alfa Remidis Ltd. (2026 INSC 480) is ...

Supreme Court Tightens the Screws: National Highway Land Arbitration and the Limits of Compensation

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 Applying the rigours of Section 26(1) of the 2013 LA Act to the case on hand, we find that the Arbitrator demonstrably erred in relying upo...
Monday, 25 May 2026

Delhi HC: Drawing the Line: When Does a Procedural Order Become an “Interim Award” in Arbitration?

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Introduction The Delhi High Court’s decision in Eureka Forbes Ltd v Indian Railway Catering and Tourism Corporation   Decided On: 12.05.2026...

When Procedure Ends and Adjudication Begins: The Law of Interim Awards in Arbitration

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 In light of the foregoing discussion and the judicial precedents noticed hereinabove, the governing test for determining whether an order q...
Wednesday, 15 April 2026

Supreme Court: New grounds containing new material/facts could not have been introduced for the first time in an appeal when admittedly these grounds were not originally raised in the arbitration petition for setting aside the award

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The question then arises, whether in the facts and circumstances of the present case, the High Court committed any error in rejecting the ap...

Supreme court: Do the principles relating to amendment of pleadings in original proceedings apply to the amendment in the grounds of appeal?

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 Do the principles relating to amendment of pleadings in original proceedings apply to the amendment in the grounds of appeal?  Order XLI Ru...
Wednesday, 25 March 2026

When the Signature Becomes the Case: Delhi High Court on Proof of Contract, Defective Notarisation and the Limits of Section 34 of Arbitration Act

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In arbitration, a claim founded on a disputed contract cannot survive unless the contract itself is first proved. The Delhi High Court’s de...
Saturday, 21 March 2026

Precedent Is Not Res Judicata: A Civil Judge’s Guide to Finality, Issue Estoppel, and Re-agitation of Issues

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The Supreme Court’s decision in M/s Eminent Colonizers Pvt. Ltd. v. Rajasthan Housing Board is a valuable reminder that courts must not co...

Supreme Court: What are exceptions to the principle of Res Judicata on issue of law?

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 34.1. The general Rule is that all issues that arise directly and substantially in a former suit or proceeding between the same parties are...

Supreme court explains the distinction between the doctrine of Precedent and Res Judicata

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There is a clear conceptual distinction between precedent and res judicata. Salmond on Jurisprudence P.J. Fitzgerald (12th Edition) page 141...

Supreme Court: Under which circumstances an issue of law relating to jurisdiction of court erroneously decided in the former proceeding will not amount to res judicata?

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28. In an erudite judgment, speaking for this Court Rohinton Fali Nariman, J. in Canara Bank v. N.G. Subbaraya Setty and Anr.   MANU/SC/0433...
Thursday, 5 February 2026

Questions and answers on law (Part 76)

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Q 1:- If five accused are charged for the offence and two are absconded how judge will decide the case?  Ans:-  In cases with five accused w...
Tuesday, 2 December 2025

What is difference between Section 34 of arbitration Act and Section 37 of the Arbitration Act?

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Understanding the distinction between Section 34 (application for setting aside an arbitral award) and Section 37 (appealable orders) is cru...
Friday, 4 July 2025

Supreme Court Clarifies Jurisdiction in Cross-Border Arbitration: The Disortho v. Meril Landmark Ruling

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  The Supreme Court of India recently delivered a significant judgment in Disortho S.A.S. v. Meril Life Sciences Private Limited, 2025 INSC ...
Monday, 30 June 2025

Supreme Court Clarifies Judicial Powers to Modify Arbitral Awards: A Landmark Ruling on Limited Intervention

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  Introduction: A Watershed Moment in Arbitration Law In a significant development for India's arbitration landscape, the Supreme Court...
Monday, 23 June 2025

Supreme Court: Provisions of Commercial courts Act will prevail over the Arbitration Act

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   Thus, the Objects and Reasons of Commercial Courts Act, 2015 is to provide for speedy disposal of the commercial disputes which includes ...