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Supreme Court judgments on Arbitration and Conciliation Act, 1996

206 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections
Section 2 8Section 7 7Section 8 10Section 9 12Section 11 54Section 16 6Section 29A 5Section 31 16Section 34 50Section 36 5Section 37 33Section 48 5
Topics
Arbitration and Conciliation Act 347
P.E.C. Limited vs Austbulk Shipping Sdn Bhd
SC · 14 November 2018
[2018] 13 S.C.R. 830 : 2018 INSC 1053
Arbitration and Conciliation Act, 1996: ss.44, 46, 47 and 48 – Foreign award – Enforcement and execution of – Charter Party between appellant and respondent – Dispute as regards payment of freight by appellant to respond…
M/s. Caravel Shipping Services Pvt. Ltd. vs M/s. Premier Sea Foods Exim Pvt. Ltd.
SC · 29 October 2018
[2018] 14 S.C.R. 289 : 2018 INSC 1008
Arbitration and Conciliation Act, 1996: ss.7(3), 7(4), 8 – Bill of lading – Suit for recovery by respondent-consignor in Kochi court – Application filed by appellant, who is agent to facilitate transport under s.8 of AC…
Vedanta Ltd. vs Shenzen Shandong Nuclear Power Construction Co. Ltd.
SC · 11 October 2018
[2018] 12 S.C.R. 829 : 2018 INSC 959
Arbitration and Conciliation Act, 1996 – ss.34 and 37 – Appellant and the Respondent-Company entered into four interrelated contracts for construction of a Co-Generation Power Plant – Dispute arose between the parties –…
M/s Larsen and Toubro Limited Scomi Engineering Bhd vs Mumbai Metropolitan Region Development Authority
SC · 3 October 2018
[2018] 14 S.C.R. 22 : 2018 INSC 922
Arbitration and Conciliation Act, 1996 – ss. 2(1)(f)(ii), 2(1)(f)(iii) and 11 – International Commercial Arbitration – Contract for development of a Monorail system, between Mumbai Metropolitan Regional Development Autho…
Union of India vs Hardy Exploration and Production (India) Inc
SC · 25 September 2018
[2018] 13 S.C.R. 379 : 2018 INSC 865
Arbitration and Conciliation Act, 1996 – s.34 – “seat” and “venue” for holding arbitration proceedings under the Arbitration agreement – Arbitrator held meeting at Kuala Lumpur and signed the arbitral award in favour of…
M/s Trans Asian Shipping Services (Pvt.) Ltd. vs M/s Beacon Shipping Lines Ltd. Represented by Mr. Mohammed S. Aslam Managing Director & Others
SC · 19 September 2018
[2018] 11 S.C.R. 687 : 2018 INSC 831
Arbitration and Conciliation Act, 1996 – s.11(9) – Appointment of arbitrator under – Agency Agreement between the petitioner and the respondent – Petitioner asserting breach of various terms and conditions of the agreeme…
M/s. Zhejiang Bonly Elevator Guide Rail Manufacture Co. Ltd. vs M/s. Jade Elevator Components
SC · 14 September 2018
[2018] 11 S.C.R. 645 : 2018 INSC 821
Arbitration and Conciliation Act, 1996: s. 11(5) – Arbitration petition under – Seeking constitution of an arbitral tribunal with a sole arbitrator to adjudicate the claims of petitioner under the Commission Processing C…
M/s Shriram Epc Limited vs Rioglass Solar Sa
SC · 13 September 2018
[2018] 10 S.C.R. 749 : 2018 INSC 816
Arbitration and Conciliation Act, 1996 – ss. 48 and 49 – Foreign award – Enforceability of, when award not stamped – Held: Foreign award not bearing stamp duty under the Stamp Act, would not be rendered unenforceable – T…
M/s Psa Mumbai Investments Pte. Limited vs The Board of Trustees of the Jawaharlal Nehru Port Trust and Anr.
SC · 11 September 2018
[2018] 13 S.C.R. 352 : 2018 INSC 806
Arbitration and Conciliation Act, 1996 – Arbitration clause – Activation of –Respondent No.1 issued Global invitation of Request for Qualification (RFQ) for development of a container terminal project – The bid was divid…
United India Insurance Co. Ltd. & Anr. vs Hyundai Engineering and Construction Co. Ltd. & Ors.
SC · 21 August 2018
[2018] 12 S.C.R. 1085 : 2018 INSC 732
Arbitration and Conciliation Act, 1996 – s.11(4) and s.11(6) – Arbitration clause – Examination of – Respondent No.3 awarded a contract for design, construction and maintenance of bridge to a Joint Venture (JV) constitut…
M/s Emkay Global Financial Services Ltd. vs Girdhar Sondhi
SC · 20 August 2018
[2018] 10 S.C.R. 937 : 2018 INSC 724
Arbitration and Conciliation Act, 1996: s.34 – Territorial jurisdiction – Dispute arose between the registered broker of the National Stock Exchange (NSE) and its client regarding certain transactions in securities and s…
The State of Bihar & Ors. vs Bihar Rajya Bhumi Vikas Bank Samiti
SC · 30 July 2018
[2018] 7 S.C.R. 1147 : 2018 INSC 648
Arbitration and Conciliation Act, 1996: s. 34(5) – Whether mandatory or directory – Held: When a provision results in general inconvenience or injustice, without promoting the real aim and object of the enactment, the pr…
Shyam Sunder Agarwal vs P. Narotham Rao and Ors.
SC · 23 July 2018
[2018] 7 S.C.R. 1135 : 2018 INSC 633
Arbitration and Conciliation Act, 1996 – Memorandum of Understanding (MoU)/Agreement executed between the parties for sale and purchase of shares of a Company – Issue as to whether Clause 12 of the said Agreement can be…
Ameet Lalchand Shah and Others vs Rishabh Enterprises and Another
SC · 3 May 2018
[2018] 6 S.C.R. 1001 : 2018 INSC 450
Arbitration and Conciliation Act, 1996 – ss.8 and 45 – First Respondent entered into four agreements in regard to commission of a Photovoltaic Solar Plant – Two agreements dated 01.02.2012 were with M/s. ‘JI’; one agreem…
Purushottam S/O Tulsiram Badwaik vs Anil & Ors.
SC · 2 May 2018
[2018] 4 S.C.R. 347 : 2018 INSC 446
Arbitration and Conciliation Act, 1996 – s.85(2)(a) – Partnership Agreement dtd. 9.11.2005 between the appellant and respondents – Though, the said agreement was entered into after the 1996 Act had come into force, the r…
Oriental Insurance Company Limited vs M/s. Narbheram Power and Steel Pvt. Ltd.
SC · 2 May 2018
[2018] 4 S.C.R. 826 : 2018 INSC 438
Arbitration and Conciliation Act, 1996: s.11(6) – Appointment of arbitrator – Dispute between insurer and insured – Insurance claim – Repudiation of claim – Insurer declined to refer the disputes to arbitrator as request…
Cheran Properties Limited vs Kasturi and Sons Limited and Ors.
SC · 24 April 2018
[2018] 4 S.C.R. 1063 : 2018 INSC 394
Arbitration and Conciliation Act, 1996: ss. 35, 36, 7 – Finality of awards – Enforcement – Arbitration agreement – Binding on third parties who may not be signatories to an agreement between two contracting parties – Hel…
Ibi Consultancy India Private Limited vs Dsc Limited
SC · 16 April 2018
[2018] 3 S.C.R. 1027 : 2018 INSC 349
Arbitration and Conciliation Act, 1996 – s.11(6) r/w s.11(9) – Appointment of arbitrator – The scope under s.11(6) read with s.11(9) is very limited to the extent of appointment of Arbitrator – The Court has to see wheth…
Anilkumar Jinabhai Patel (D) Thr. Lrs. & Anr. vs Pravinchandra Jinabhai Patel and Ors.
SC · 27 March 2018
[2018] 3 S.C.R. 718 : 2018 INSC 273
Arbitration and Conciliation Act, 1996: ss. 31(5) and 34 – Arbitration award – Petition by appellant No. 1 u/s. 34 for setting aside the award, filed – Award set aside by District Judge for non-compliance of s. 31(5) – H…
M/s Lion Engineering Consultants vs State of M.P. & Ors.
SC · 22 March 2018
[2018] 6 S.C.R. 683
Arbitration and Conciliation Act, 1996 – ss.16 and 34 – Arbitrator passed award in favour of the Appellant – Award was challenged by respondent-State u/s.34 of the Act before the trial Court – Respondent sought to amend…
The State of Bihar & Ors. vs M/s Brahmaputra Infrastructure Limited
SC · 22 March 2018
[2018] 6 S.C.R. 962
Arbitration and Conciliation Act, 1996 – s.11(6) – Bihar Public Works Contracts Arbitration Tribunal Act, 2008 – ss.8, 9 and 22 – Works Contract – Arbitration – State aggrieved by the appointment of arbitrator u/s.11(6)…
M/s. Elite Engineering and Construction (Hyd.) Private Limited Rep. by Its Managing Director vs M/s. Teachtrans Construction India Private Limited Rep. by Its M
SC · 23 February 2018
[2018] 4 S.C.R. 585 : 2018 INSC 192
Arbitration and Conciliation Act, 1996 – s. 7(5) – Incorporation of arbitration clause in contract by reference – If made out – National Highway Authority of India entered into Concession agreement, whereby it awarded a…
Sundaram Finance Limited vs Abdul Samad & Anr.
SC · 15 February 2018
[2018] 10 S.C.R. 451 : 2018 INSC 146
Arbitration and Conciliation Act, 1996 – ss.36, 32, 42 and 2(e) – Whether an award under the Act is required to be first filed in the court having jurisdiction over the arbitration proceedings for execution and then to o…
M/s ONGC Mangalore Petrochemicals Ltd. vs M/s Ans Constructions Ltd. & Anr.
SC · 7 February 2018
[2018] 2 S.C.R. 598 : 2018 INSC 111
Arbitration and Conciliation Act, 1996 – s.11 – Exercise of power under – When not justified – Appellant awarded contract to respondent no.1 – On 21.09.2012, respondent no.1 submitted No Dues/No Claim Certificate – On 10…
M/s. Indian Farmers Fertilizer Co-Operative Limited vs M/s Bhadra Products
SC · 23 January 2018
[2018] 1 S.C.R. 848 : 2018 INSC 53
Arbitration and Conciliation Act, 1996 – ss. 2(c), 31(6), 32 and 34 – Interim Arbitral Award – Whether an award delivered by an Arbitrator, which decides the issue of limitation, can be said to be an interim award and wh…
Maharashtra State Electricity Distribution Company Ltd. vs M/s. Datar Switchgear Limited & Ors.
SC · 18 January 2018
[2018] 1 S.C.R. 733 : 2018 INSC 33
Arbitration and Conciliation Act, 1996 – s.34 – Contract between parties – Termination of, on ground of fundamental breach – Propriety of – Respondent no.2 awarded tender/contract by appellant, in 1993-1994, for installa…

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