Landmark Supreme Court of India rulings, explained in clear, plain language.
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Can a residuary no-interest clause in a contract bar arbitral pre-award interest?
MS Sharma Enterprises vs National Building Construction Corporation
The Supreme Court dismissed the appeal, holding that the residuary phrase 'or otherwise' in Clause 26 of the contract barred the arbitrator from awarding pre-reference and pendente lite interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.
Can non-signatory partners be joined in arbitration if their rights are substantially affected?
Hemant D. Shah HUF & Anr. vs Chittaranjan D. Shah HUF & Ors.
The Supreme Court held that 3rd and 4th respondents are veritable parties to arbitration despite not being signatories to the partnership deed containing the arbitration clause, as the dispute substantially affects their rights.
Can the venue of arbitration proceedings determine the juridical seat of arbitration?
Mahanadi Coalfields Ltd & Ors. vs M/s GSCO (Gurmeet Singh and Company) Infrastructure Pvt. Ltd.
The Supreme Court held that the District Court, Sundargarh had jurisdiction to entertain the Section 34 petitions and that those petitions were filed within the limitation period.
Does Clause 54 of the GCC bar an arbitrator from awarding pre-reference interest?
North Eastern Electric Power Corporation Limited (NEEPCO) vs Astra Construction Private Limited
The Supreme Court held that Clause 54 of the GCC is a complete bar on pre-reference interest and set aside the High Court's order restoring such interest.
Can a State notification override Trade Marks Act's District Court jurisdiction requirement?
I.S.D.S. Private Limited & Anr. vs M/s Khemka Food Products Pvt. Ltd. & Anr.
The Supreme Court referred to a larger bench the question of whether a State notification under the Commercial Courts Act can override the District Court jurisdiction mandated by Section 134 of the Trade Marks Act, and stayed the pending commercial suit.
Does depositing money in court stop interest liability on an arbitral award?
NATIONAL SEEDS CORPORATION LTD. VERSUS NATIONAL AGRO SEED CORPORATION (INDIA)
The Supreme Court held that an award-debtor's deposit in court does not stop interest from running unless the award-holder can unconditionally withdraw the deposited amount.
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