journal
Analysis
Equality in public-private contracts: the Supreme Court’s judgment in the CORE arbitration case
The decision to strike down unilateral appointments to arbitral tribunals encourages the government to be a more responsible commercial play
23rd Nov 2024
MoreAnalysis
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
MoreAnalysis
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
MoreAnalysis
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
MoreAnalysis
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
MoreAnalysis
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
MoreAnalysis
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
MoreAnalysis
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
MoreAnalysis
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
MoreAnalysis
A cure without a disease: The Delhi Metro Rail Case
One unnecessary advance for curative petitions, two steps backward for arbitration
24th Apr 2024
MoreAnalysis
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
MoreChannel
Top 10 Judgements of the Supreme Court in 2023
2023 was an action-packed year for the Supreme Court. Here’s SCO’s review of the Top 10 judgements from 2023 and their fallout.
30th Dec 2023
Morecases
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
MoreNext Hearing:
Last Updated:
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.
MoreLast Updated:
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
MoreLast Updated:
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.
MoreLast Updated:
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