journal

modify

Analysis

Will courts’ power to modify awards address lingering issues in arbitration?

Private parties thrust into statutory arbitrations may benefit from a recent SC Judgement, but it will take a law to draw the bright line

Vikram Hegde and Chitwan Sharma

16th May 2025

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modification

Analysis

Modification of arbitral awards: a practitioner’s perspective

The recent Constitution Bench decision reaffirms speed and economy but it has a flipside that could threaten the finality principle

arbitral award

Analysis

Can courts vary an arbitral award?

The first Constitution Bench of CJI Khanna’s tenure will look into the definition of “modification” in the context of arbitral awards

R. Sai Spandana

16th Feb 2025

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Analysis

Supreme Court Review 2024

A complete docket of our year-end publications that thematically breakdown the top court's work in 2024

SCO Team

25th Jan 2025

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arbitration

Analysis

Supreme Court Review 2024: Mostly friendly towards arbitration

In 2024, the Supreme Court walked the talk on party autonomy, equality and enforceability in arbitration. But there was one blip

R. Sai Spandana

23rd Jan 2025

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Analysis

Four decisions by Justice D.Y. Chandrachud that advanced party autonomy in arbitration (and one that didn’t)

His contribution to jurisprudence was progressive and limited court intervention, though the Delhi Metro case sticks out like a sore thumb

arbitration contracts

Analysis

Equality in public-private contracts: the Supreme Court’s judgment in the CORE arbitration case

The decision invalidating unilateral appointments to arbitral tribunals encourages the government to be a more responsible commercial player

appointment of arbitrator

Analysis

Unilateral appointment of arbitrators case | An issue for public or private law?

While the majority’s decision was grounded in constitutional law, the two partial dissents did not go beyond the Arbitration & Contract Acts

Sajan Poovayya

23rd Nov 2024

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arbitrator

Analysis

Supreme Court to decide validity of unilateral nominations to panel of arbitrators

The decision of the Court will also clarify if a person who cannot be an arbitrator is eligible to appoint one

R. Sai Spandana

7th Nov 2024

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Constitution Bench

Analysis

5 upcoming Constitution Bench judgements before CJI D.Y. Chandrachud retires

Benches led by CJI Chandrachud are expected to deliver five judgements on matters of minority status, arbitration and public employment

Sushovan Patnaik

4th Nov 2024

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Chandrachud's

Analysis

The end of the Chandrachud era

Analysing the tenure of the longest-serving Chief Justice since 2012 doesn’t lend itself to easy generalisations and pithy one-liners

R. Sai Spandana

3rd Nov 2024

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August

Analysis

Monthly Review: August 2024

Constitution Bench cases on affirmative action, mining taxes, arbitration and driving licences dominated the Court’s docket in August

Kevin Sebastian

6th Sep 2024

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cases

Tamil Nadu Cements Corporation Limited v Micro and Small Enterprises Facilitation Council and Anr

The Supreme Court will decide whether writ petitions against orders of the Micro and Small Enterprises Facilitation Council are maintainable

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Next Hearing:

Last Updated:

Bench:Sanjiv Khanna CJI, P.V. Sanjay Kumar J, Manmohan J

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Gayatri Balasamy v ISG Novasoft Technologies Limited

The Supreme Court in a 4:1 majority held that courts have a limited power to modify an arbitral award under Sections 34 and 37 of the Arbitration Act

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In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899

A seven-judge bench held that an unstamped arbitration agreement is not void ab initio

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Central Organisation For Railway Electrification v ECL-SPIC-SMO-MCML (JV), JSW Steel Limited v South Western Railway

The Supreme Court held that unilateral appointments of arbitrators breached the principles of equality

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Cox and Kings Ltd. v SAP India Pvt. Ltd.

The Supreme Court held that companies outside of an arbitration agreement can be made parties to arbitration proceedings as per the Group of Companies doctrine.

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Oil And Natural Gas Corporation v Afcons Gunanusa JV

The Supreme Court decided that party autonomy is paramount in arbitrations. Arbitrators, therefore, cannot decide their fees unilaterally.

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Last Updated: 20220405

Bench:D.Y. Chandrachud CJI, Sanjiv Khanna CJI, Surya Kant J

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