• Annual Arbitration Review 2018

    Cheran Properties Ltd. v. Kasturi and Sons Ltd. & Ors.

    Reading Time: 3 minutes Citation:Civil Appeal 10025/2017 Coram:D Chandrachud,  M Khanwilkar, Misra Date:April 24, 2018 Overview: In this case, the Supreme Court interpreted provisions regarding execution of awards under the Arbitration Act with respect to the power of another forum other than the civil courts to execute particular remedies under arbitral awards. Moreover, the Court also looked at the binding nature of arbitration agreements on third parties and whether they were valid. Facts: Sporting Pastime India Limited (‘SPIL’) is a wholly owned subsidiary of Kasturi & Sons Limited (‘KSL’), which entered into an agreement with KC Palanisamy (‘KCP’), KSL and another entity for transfer shares. Cheran Properties Limited (Cheran) was a…

  • Annual Arbitration Review 2018

    Bar Council of India v. A.K. Balaji & Ors.

    Reading Time: 3 minutes Citation: (2018) 5 SCC 379 Coram:  Adarsh Kumar Goel, Uday Umesh Lalit Date: March 13th, 2018 Overview: The Supreme Court in this decision essentially settled the law on the scope of foreign lawyers to participate in arbitration proceedings in India. Moreover, they also looked into the interpretation of the words “practise the profession of law” and looked at the scope of foreign lawyers to practise law in India. Facts: This case came to the Supreme Court as an appeal to the decisions given by the Madras High Court and Bombay High Court on the subject matter. The Madras High Court had held that foreign lawyers could…

  • Annual Arbitration Review 2018

    ARSS Infrastructure Projects Ltd. v. Calcutta Haldia Port Road Company Ltd.

    Reading Time: 2 minutes Citation:2018 SCC Online Del 10689 Court:Delhi High Court Date of Judgment: 16-August-2018 Coram:J. Navin Chawla Issue:Can the Court interfere and modify or set aside an enforcement award in cases with conflict of post award interest? Facts: The petition filed by the Petitioner is an enforcement petition for the award passed by a Sole arbitrator and later enforced by the court on 10.05.2013. The award is for the payment of a certain sum by the respondent to the petitioner which includes the principal sum plus the pre award interest and also the post award interest. The amount to be paid was 2,91,83,200 which was paid by the…

  • Annual Arbitration Review 2018

    M/s. Cinevistaas Ltd. V. M/s. Prasar Bharti, O.M.P. (COMM) 31/2017

    Reading Time: 2 minutes Citation: O.M.P. (COMM) 31/2017 Date of Judgment: 12-February-2019 Court: Delhi High Court Coram: J. Prathiba M. Singh Issue: Can an award for allowing/rejection of an interim application be challenged under section 34 of the Arbitration Act prior to passing of a final award. Facts:  The petitioners in the case had an agreement in which they had undertaken production of a game and the telecast of which was approved by the Respondents. The Respondent is a public service broadcaster and on a later date they informed the petitioners that they will air the show and hence the petitioner invoked arbitration and a Sole Arbitrator was appointed by…

  • Annual Arbitration Review 2018

    Daiichi Sankyo Company Ltd. v. Malvinder Mohan Singhndhra & Ors

    Reading Time: 3 minutes Citation:2018 SCC OnLine Del 6869 Court:High Court at New Delhi Date of Judgment: 31-January-2018 Coram:J. Jayant Nath Issue:Whether a foreign award against a minor can be enforced in India? Facts: The Petitioners in this case agreed to purchase from the Respondents their entire stake in the company Ranbaxy Laboratories Limited (RLL) of around 1980 crores under a Share Purchase and Share Subscription Agreement making the entire payment in November 2008. After a year, the petitioners discovered that an Self-Assessment Report (SAR) which contained relevant information about  RLL conducting fraudulent practices against certain regulators to get  certain permits. The petitioners stated that this led to investigations by…

  • Annual Arbitration Review 2018

    Kandla Export Corporation & Anr v. M/s OCI Corporation & Anr

    Reading Time: 3 minutes Citation:2018 14 SCC 715 Court:Supreme Court of India Date:  7-February-2018 Coram:J. R.F. Nariman and J. Navin Sinha Issue:Whether an appeal not maintainable under Section 50 of the Arbitration and Conciliation Act is nonetheless maintainable under Section 13 (1) of the Commercial Courts Act. Facts: There was a dispute between the parties M/s OCI Corporation (Respondent) and Kandla Export Corporation (Appellant) which was referred to arbitration under the Grain and Free Trade Association Rules. An arbitral award was passed in April 2014 directing the Appellants to pay a sum of money along with a certain amount of interest to the Respondents. This award was appealed to the…

  • Annual Arbitration Review 2018

    Shriram EPC Limited v. Rioglass Solar SA

    Reading Time: 3 minutes Citation-2018 SCC OnLine SC 1471 Court – Supreme Court of India Coram – J. R.F. Nariman Date – 13-September-2018. Issue –Whether non stamping of a foreign award would render in unenforceable in India as per the Arbitration and Indian Stamp Act. Facts: This present appeal to the Supreme Court lies from an order of the Madras High Court where the Single Judge allowed the enforcement of a foreign award. The Single bench judge rejected the contentions of the appellant that there was no stamp duty paid on the award and hence it could not be enforced as per section 48 and 49 of the Arbitration Act,…

  • Annual Arbitration Review 2018

    P.E.C Ltd. v. Austbulk Shipping Sdn Bhd.

    Reading Time: 3 minutes Citation:2018 SCC OnLine SC 2549 Court:Supreme Court of India Coram:  J. A.M. Khanwlkar and J. L. Nageshwar Rao. Date of Judgment: 14-November-2018. Issue:Whether an application for enforcement under Section 47 of the Act is liable to be dismissed if it is not accompanied by the arbitration agreement? Facts: The Appellants (P.E.C) had entered into a Charter Party Agreement with the Respondents (Austbulk Shipping) to transport certain goods from Australia to India, and the agreement contained an Arbitration clause in it. There was a change made in the port of delivery from Delhi to Mumbai by the Appellants and they had agreed to indemnify the Respondents any…

  • Annual Arbitration Review 2018

    Union of India v. Parmar Construction Company

    Reading Time: 3 minutes Judgment: Union of India v. Parmar Construction Company Court: Supreme Court of India Coram: A.M. Khanwilkar & Ajay Rastogi Date: 29thMarch 2019 Overview: This Supreme Court looks primarily at three issues relating to which act has to govern the proceedings at hand, whether signing of no claim certificated led to discharge of the arbitration agreement and whether the HC could ignore the procedure of arbitrator appointment decided by parties. Issue: Whether the HC was justified in invoking the amended provisions as introduced by the Amendment Act? Whether the arbitration agreement stood discharged on acceptance of the final amount by the contractor and signing of no-claim certificate?…

  • Annual Arbitration Review 2018

    SP Singla Constructions Pvt. Ltd. v State of Himachal Pradesh & Anr

    Reading Time: 3 minutes Judgment: SP Singla Constructions Pvt. Ltd. v State of Himachal Pradesh & Anr   Citation: 2018 SCC Online SC 2673   Court: Supreme Court   Coram: R Banumathi, Indira Banerjee   Date: December 4, 2018   Overview: The Supreme Court held that once an arbitrator is appointed and has assumed his role, parties cannot approach the court to appoint another arbitrator u/s 11(6) of the Act.   Issue: Can parties approach the court u/s 11(6) of the Act to appoint another arbitrator when one arbitrator has been appointed and has assumed his role?   Factual Background: The arbitrator was appointed on the basis of an arbitral…