Hindustan Construction Company Limited and Ors. V. Union of India

Judgment Name: Hindustan Construction Company Limited and Ors. V. Union of India Citation: Civil Appeal Nos. 2621-2625 / 2019 Coram: R. F Nariman, Surya Kant and V. Ramasubramanian Date: 27th November 2019 Overview: This judgement looks at the constitutional validity of Section 87 of Arbitration and Conciliation Act, 1996. Facts: The following case arose due to a petition challenging …

BGS SGS SOMA JV v. NHPC LTD

Judgement Name: BGS SGS  SOMA JV v. NHPC LTD Citation: (2020) 4 SCC 234 Coram: Justice Rohinton Fali Nariman Date: 10th December 2019 Overview and Ratio: The Supreme Court used the infamous case of BALCO to rule that the when parties have chosen a seat of arbitration or a tribunal has determined a seat, means …

Perkins Eastman Architects Dpc & another v. HSCC (india) ltd.

Judgement Name:  Perkins Eastman Architects dpc & another v. HSCC (india) ltd. Citation: AIR 2020 SC 59 Coram: Justice Uday Umesh Lalit and Justice Indu Malhotra Date: 26th November 2019 Overview and Ratio: This decision clarifies , that a person who is ineligible to act as an arbitrator cannot also appoint an arbitrator. Secondly, the Court …

NHAI v. Sayedabad Tea Company Ltd. and Ors

Judgement Name- NHAI v. Sayedabad Tea Company Ltd. and Ors Citation: 2019 SCC OnLine SC 1102 Coram: N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi Date: 27th August, 2019 Overview and Ratio: Supreme Court held that the Highways Act, being a special law, has overriding effect on general law of Arbitration and dismissed Section 11 application …

Mahanagar Telephone Nigam Limited v Canara Bank & Ors.

Judgment Name: Mahanagar Telephone Nigam Limited v Canara Bank & Ors. Citation: (2020) 12 SCC 767 Coram: Abhay Manohar Spare and Indu Malhotra Date: 8th August 2019 Facts MTNL had floated non-cumulative secured redeemable bonds worth Rs. 425 crores. after executing a Memorandum of Understanding with Can Bank Financial Services Limited ("CANFINA"), MTNL placed bonds …

Brahmani River Pellets Limited v. Kamachi Industries Limited

Judgement Name: Brahmani River Pellets Limited v. Kamachi Industries Limited Citation: AIR 2019 SC 3658 Coram: R. Banumathi and A.S Bopanna Date: 25.07.2019 Facts: The appellant entered into an agreement with respondent for the sale of 40,000 wet metric tonne of iron ore pellets. The iron pellets had to be delivered from Odisha to Chennai. …

Uttarakhand Purva Sainik Kalyan Nigam Limited v. Nothern Coalfields Limited

Judgement Name -Uttarakhand Purva Sainik Kalyan Nigam Limited v. Nothern Coalfields Limited Citation: (2020) 2 SCC 455 Coram: Indu Malhotra and Ajay Rastogi Date: 27.11.2019 This case deals with the application of section 11 and the power of the court to refer matters for arbitration when application for appointment of arbitrators in time barred. Facts …