Arbitration can be invoked in respect of claims that are designated as Notified Claims
M/S Janta Associates & Co. Vs. Indian Oil Foundation & Anr. Petitioner – M/s Janta Associates and Co. Ktd. (JACL) Respondent 1 – Indian Oil Foundation (IOF) Respondent 2 – EIL Court- Delhi High Court The Petitioner filed a petition under S. 11 of the Arbitration and Conciliation Act 1996 (“Arbitration Act”) before the Delhi […]
Priya Malay Sheth vs. VLCC Health Care Ltd
Citation: Commercial Arbitration Application No. 3094 of 2022 Facts of the case: The application before the Bombay High Court is a S. 11 application for appointment of an arbitral tribunal under the Arbitration and Conciliation Act, 1996 (hereinafter as “Arbitration Act”) for deciding the dispute that has arisen between the parties. Respondent – VLCC Applicant – […]
Cox and Kings Limited v. SAP India Private Limited And Anr
Whether the doctrine of ‘Group of Companies’ apply to Respondent No. 1 and Respondent No.2 under the current circumstances?
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation – Civil Appeal No. 2093/2022 Judgment date – 21.03.2022 Facts of the case: In the month of January 2018, the Gujarat Housing Board (“Appellant“) issued the Mukhya Mantri Gruh Yojna tender for the planning, design, and construction of flat type, high-rise buildings/commercial units for various income groups in Ahmedabad, Vadodara Division. Vandemataram Projects Private […]
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case: A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interest capitalized annually, on the expenses so incurred in the year 2005. Compound interest was awarded in favour of UHL as well at the rate of 9% […]
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021] FACTS: The parties had entered into a contract for the purpose of undertaking design, engineering, procurement and construction of a dedicated 4 lane corridor for old and differently-abled persons during Kumbh and Magh Mela in Allahabad across Ganga River. […]
A New Retrospective Taxation Claim Launched Against India
Earlyguard, a British subsidiary of the Japanese conglomerate Mitsui & Co, has commenced Arbitration against India, under the India-UK Bilateral Investment Treaty after the Indian tax authorities raised a retrospective tax claim of Rs 2,400-crore (US$342 million) on a transaction that took place back in the year 2007. The said transaction was over the […]
India Challenges the Cairn Arbitration Award
On December 21, 2020, the International Arbitral Tribunal in the case of Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India, held that India had breached its obligations to Cairn under the 1994 UK-India Bilateral Investment Treaty, and awarded damages of US$1.2billion plus interest and costs, to Cairn.India filed an appeal […]
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment lays down various guidelines which courts and tribunals must follow while dealing with the objection qua non-stamping or insufficient stamping. Apart from this, there have been various other […]
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see how it will bear practical effects on the ongoing cases, it is a welcome development for landlords and tenants who earlier were precluded from resorting their disputes by […]
