Landmark Supreme Court of India rulings, explained in clear, plain language.
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Can SRA sue Operational Creditor on same contract after CIRP extinguished OC's claim?
Modern Asset vs KNK Construction Private Limited
The Supreme Court upheld the arbitration appointment for the SRA's claim but directed that the Operational Creditor may raise a counterclaim solely for set-off, without any positive recovery, to ensure equity within the clean slate framework of the IBC.
Can a court restrict an arbitrator from deciding if a dispute is within their jurisdiction
M/s. GVV Constructions Private Limited vs. The Union of India & Ors.
The Supreme Court clarified that courts cannot restrict an arbitrator's power to decide their own jurisdiction, including whether a dispute is an excepted matter.
Can a personal guarantor be dragged into arbitration if their guarantee lacks an arbitration clause?
National Skill Development Corporation v. Surya Wires Private Limited & Ors.
The Supreme Court ruled that a personal guarantor is bound by the main loan agreement's arbitration clause if both agreements form a single transaction.
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