journal
Analysis
Four decisions by Justice D.Y. Chandrachud that advanced party autonomy in arbitration (and one that didn’t)
His contribution to jurisprudence was progressive and limited court intervention, though the Delhi Metro case sticks out like a sore thumb
4th Dec 2024
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Equality in public-private contracts: the Supreme Court’s judgment in the CORE arbitration case
The decision invalidating unilateral appointments to arbitral tribunals encourages the government to be a more responsible commercial player
23rd Nov 2024
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Unilateral appointment of arbitrators case | An issue for public or private law?
While the majority’s decision was grounded in constitutional law, the two partial dissents did not go beyond the Arbitration & Contract Acts
23rd Nov 2024
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Supreme Court to decide validity of unilateral nominations to panel of arbitrators
The decision of the Court will also clarify if a person who cannot be an arbitrator is eligible to appoint one
7th Nov 2024
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5 upcoming Constitution Bench judgements before CJI D.Y. Chandrachud retires
Benches led by CJI Chandrachud are expected to deliver five judgements on matters of minority status, arbitration and public employment
4th Nov 2024
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The end of the Chandrachud era
Analysing the tenure of the longest-serving Chief Justice since 2012 doesn’t lend itself to easy generalisations and pithy one-liners
3rd Nov 2024
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Monthly Review: August 2024
Constitution Bench cases on affirmative action, mining taxes, arbitration and driving licences dominated the Court’s docket in August
6th Sep 2024
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DMRC arbitration: The Court upheld principles of natural justice in the curative petition
The DMRC curative judgement was in step with India’s arbitration legislation, which codifies the qualifications to the doctrine of finality
30th Jul 2024
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The final decree
The government’s messaging on India being arbitration-friendly has been somewhat muddied by recent developments—in court and outside it
18th Jun 2024
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DMRC–DAMEPL arbitration: after-effects of the curative judgement
The Court’s protectionist stance in the DMRC case may spook both domestic and foreign private players from doing business with government
11th Jun 2024
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A cure without a disease: The Delhi Metro Rail Case
One unnecessary advance for curative petitions, two steps backward for arbitration
24th Apr 2024
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Supreme Court Review 2023
As 2023 ended, we at SCO thematically broke down what the Court said on key issues of the year
9th Jan 2024
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Gayatri Balasamy v ISG Novasoft Technologies Limited
The Supreme Court will decide if courts have the power to modify arbitral awards under Sections 34 and 37 of the Arbitration Act
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In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899
The Supreme Court will decide if an unstamped arbitration agreement is invalid.
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Bench:D.Y. Chandrachud CJI, S.K. Kaul J, Sanjiv Khanna CJI, B.R. Gavai J, Surya Kant J, J.B. Pardiwala J, Manoj Misra J
Central Organisation For Railway Electrification v ECL-SPIC-SMO-MCML (JV), JSW Steel Limited v South Western Railway
The Supreme Court held that unilateral appointments of arbitrators breached the principles of equality
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Bench:D.Y. Chandrachud CJI, Hrishikesh Roy J, P.S. Narasimha J, J.B. Pardiwala J, Manoj Misra J
Cox and Kings Ltd. v SAP India Pvt. Ltd.
The Supreme Court held that companies outside of an arbitration agreement can be made parties to arbitration proceedings as per the Group of Companies doctrine.
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Bench:D.Y. Chandrachud CJI, Hrishikesh Roy J, P.S. Narasimha J, J.B. Pardiwala J, Manoj Misra J
Oil And Natural Gas Corporation v Afcons Gunanusa JV
The Supreme Court decided that party autonomy is paramount in arbitrations. Arbitrators, therefore, cannot decide their fees unilaterally.
MoreLast Updated: 20220405