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

arbitration contracts

Analysis

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

appointment of arbitrator

Analysis

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

Sajan Poovayya

23rd Nov 2024

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arbitrator

Analysis

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

R. Sai Spandana

7th Nov 2024

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Constitution Bench

Analysis

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

Sushovan Patnaik

4th Nov 2024

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Chandrachud's

Analysis

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

R. Sai Spandana

3rd Nov 2024

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August

Analysis

Monthly Review: August 2024

Constitution Bench cases on affirmative action, mining taxes, arbitration and driving licences dominated the Court’s docket in August

Kevin Sebastian

6th Sep 2024

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arbitration

Analysis

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

Abhishek Sriram

30th Jul 2024

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arbitration

Analysis

The final decree

The government’s messaging on India being arbitration-friendly has been somewhat muddied by recent developments—in court and outside it

R. Sai Spandana

18th Jun 2024

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Arbitration; Supreme Court, DMRC judgement

Analysis

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

corporation

Analysis

A cure without a disease: The Delhi Metro Rail Case

One unnecessary advance for curative petitions, two steps backward for arbitration

Gulnar A. Mistry

24th Apr 2024

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2023

Analysis

Supreme Court Review 2023

As 2023 ended, we at SCO thematically broke down what the Court said on key issues of the year

SCO Team

9th Jan 2024

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cases

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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Next Hearing:

Last Updated:

Bench:Dipankar Datta J, K.V. Viswanathan J, Sandeep Mehta J

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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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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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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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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.

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Last Updated: 20220405

Bench:D.Y. Chandrachud CJI, Sanjiv Khanna CJI, Surya Kant J

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