• 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…

  • Annual Arbitration Review 2018

    Paschimanchal Vidyut Vitran Nigam Limited v. M/S IL & FS Engineering & Construction Company Limited

    Reading Time: 2 minutes Judgment:  Paschimanchal Vidyut Vitran Nigam Limited v. M/S IL & FS Engineering & Construction Company Limited   Citation: 2018 SCC OnLine Del 10831   Court: High Court of Delhi   Coram: Rajiv Shakdher   Date: August 16, 2018   Overview: Case looks at whether Provisions of the Fourth Schedule of Act apply to domestic ad hoc arbitrations where parties haven’t approached the Court of constitution of an arbitral tribunal.   Issue: Whetherthe provisions of the Fourth Schedule of the Act pertaining to the fee to be paid to the arbitrators would apply to domestic ad hoc arbitrations where parties have not approached the court for the…

  • Annual Arbitration Review 2018

    Parsoli Motors Works Private Limited v BMW India Private Limited

    Reading Time: 2 minutes Judgment: Parsoli Motors Works Private Limited v BMW India Private Limited   Citation: 2018 SCC OnLine Del 6556   Court: Delhi High Court   Coram: C. Hari Shankar   Date: January 15, 2018   Overview: This Delhi High Court cases looks into whether a Court is empowered to grant injunctions contrary to the provisions of the Specific Relief Act. Please write the overview   Issue: Whether a court can grant injunction u/s 9 of the Act contrary to the provisions of the Specific Relief Act?   Factual Background: Please write the name of the parties and put respondent and petitioner in the brackets) BMW India Private…

  • Annual Arbitration Review 2018

    Oriental Insurance Company Limited v. M/s Narbheram Power and Steel Private Limited

    Reading Time: 3 minutes Judgment: Oriental Insurance Company Limited v. M/s Narbheram Power and Steel Private Limited   Citation: (2018) 6 SCC 534   Court: Supreme Court   Coram: Dipak Mishra, A.M. Khanwilkar and Dr D.Y. Chandrachud.   Date: May 2, 2018   Overview: In this case the Supreme Court noted the unique nature of dispute resolution clauses in insurance contracts and interpreted the language of arbitration clauses commonly found in insurance policies was looked at.   Issue: [No issue in document]   Factual Background: Narbheram Power and Steel Limited (“Petitioner”) obtained a Fire Industrial All Risk Policy for a factory in Odisha. In October 2013, a cyclone affected large…

  • Annual Arbitration Review 2018

    NCC Limited v Indian Oil Corporation Limited

    Reading Time: 2 minutes Judgment: NCC Limited v Indian Oil Corporation Limited   Citation: 2019 SCC OnLine Del 6964   Court: Delhi High Court   Coram: Rajiv Shakder.   Date: February 8, 2019   Overview: In this case Delhi High Court looks the effect of insertion of Section 11(6A) by the Amendment Act, 2015 in context of scope of enquiry by court as to existence of an arbitration agreement at the pre-arbitral stage.   Issue:In view of insertion Section 11(6A), what is the scope of enquiry that a court can make about the existence of an arbitration agreement?   Factual Background: NCC Limited (“Petitioner”) filed a petition under Section 11(6)…

  • Annual Arbitration Review 2018

    Kerala State Electricity Board & Anr. V Kurien E. Kalathil & Anr.

    Reading Time: 2 minutes Judgment: Kerala State Electricity Board & Anr. V Kurien E. Kalathil & Anr.   Citation: (2018) 4 SCC 793   Court: Supreme Court of India   Coram: Ranjan Gogoi, R Banumathi   Date: March 9, 2018   Overview: Supreme Court in this matter had a chance to rule upon whether parties could be referred to arbitration based on mere oral consent given by the counsels representing parties, without there being any written instructions to that effect. The matter came before the Supreme Court by way of an appeal against the order of the Kerala High Court, which had referred the parties to arbitration merely on the…