Supreme Court of India: Whether Extension of Time to Pass an Award can be sought after the Expiry of the Prescribed period for Passing an Award In Rohan Builders (India) Private Limited vs Berger Paints India Limited 2024 INSC 686, the Supreme Court of India decided the issue of whether an application for extension of... Read More ..read more

Supreme Court of India: Invocation of Second Arbitration Against a Non-Signatory In Cox & Kings Ltd. v SAP India Pvt. Ltd.2024 INSC 670, the Supreme Court reiterated the position of law on the scope of court interference while deciding an application seeking appointment of arbitrator especially when the arbitration is sought to be invoked against... Read More ..read more

Supreme Court of India: Excepted Heads of Claims and Jurisdiction of the Arbitrator & Courts to Award such claims in Arbitration In Pam Developments Private Limited vs the State of West Bengal, the Supreme Court of India addressed the issue of whether certain heads of claims which the parties have agreed not to claim in... Read More ..read more

Singapore Court of Appeal: Arbitration against Stay on Invocation of an Un-Conditional On-Demand Payment Bond In Star Engineering Pte Ltd v Pollisum Engineering Pte Ltd [2024] SGCA 30, the Singapore Court of Appeal dealt with an on-demand unconditional payment bond wherein the Court of Appeal reiterated the position of law as to when an injunction... Read More ..read more

Supreme Court of India: Statutory Arbitration vs Arbitration under an agreed Arbitration Clause In M/S Modern Builders vs the State of Madhya Pradesh2024 INSC 643 the Supreme Court of India dealt with the issue of whether a party which has not objected to arbitration under the arbitration clause which is otherwise subject to statutory arbitration... Read More ..read more

Supreme Court of India: Determination of Reference date of Currency Conversion for the Enforcement of a Foreign Currency Awards in India In DLF Ltd. (Formerly Known As DLF Universal Ltd) & Anr v. Koncar Generators and Motors Ltd, the Supreme Court of India decided some important questions of law pertaining with what is the correct... Read More ..read more

Singapore Court of Appeal: Right to Fair Hearing in Arbitration and Breach of Natural Justice In DBL v DBM, [2024] SGCA 19, the Singapore Court of Appeal discussed various facets of natural justice as a ground to set aside the award. While doing so, the Court of Appeal pertinently observed that an aggrieved party ought not to be allowed to argue a breach of natural justice when at the material time it presented itself as a party which was ready, able and willing to see the arbitral proceedings through to the end. FACTUAL MATRIX In the facts of the case, DBL and DBM entered into a sales contra ..read more

Supreme Court of India: Insurance Claim and the Survey Report of an Independent Surveyor who has not conducted an On-site Inspection? In United India Insurance Co. Ltd. v. M/s Hyundai Engineering & Construction Co. Ltd. & Ors, Appeal (Civil), 1496 of 2023 decided on 16.05.2024, the Hon’ble Supreme Court of India inter alia decided the issue of whether the report of an independent surveyor who have not conducted an on-site inspection and has not been examined as a witness can overweigh the report of a surveyor who has assessed the claim based on an on-site inspection. FACTUAL MATRIX Na ..read more

Supreme Court of India: Abandonment of Claim by a Party as a ground to Terminate Arbitration Proceedings by the Arbitrator In Dani Wooltex Corporation & Ors. v. Sheil Properties Pvt. Ltd. & Anr. 2024 INSC 433, the Hon’ble Supreme Court has dealt with the issue of abandonment of claim by the claimant as a ground to terminate arbitral proceedings by the arbitrator. FACTUAL MATRIX Dani Wooltex Corporation (‘Dani’) provided its piece of land to Sheil Properties (‘Sheil’) for development by signing a development agreement (‘Development Agreement’). Dani and Marico Industries (‘Marico’) ent ..read more

English High Court: ‘Anti’ – (Anti – Arbitration) Injunction In Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm), the English High Court decided a unique question i.e., whether or not to grant an anti-anti arbitration injunction. The case is summarized as under:- FACTUAL MATRIX In the facts of the case, Euronav Shipping NV (‘Euronav’), a company which is into the business of storage of oil based fuels entered into a storage agreement with Silk Straits SDN BHD (‘Silk Strait’) a Malaysian company for storage of certain goods in return of storage fee. This storage agreement ..read more