"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Thursday, February 3, 2011

Arbitration Judgements in India (Fortnight 2- January 2011)

Atmiya Chemicals v. Gas Authority Of India Ltd. (Delhi HC: 31.01.2011)
Key Aspects:
Reference by a Writ Court of a Dispute to Arbitration, of Discrimination in Gas Transmission Charges, Power of a Writ Court to Review PSU actions pertaining to Gas Transmission Agreement for Fairness

Birla Gtm-Enterpose Ltd. And Ors. v. Union Of India & Anr. (Delhi High Court: 31.01.2011)
Key Aspects:
Blacklisting Entities from Participating in Bidding Process, Tender by Joint Ventures, Rescission of Contract

Airports Authority Of India v. M/S Grover International Ltd. (Delhi High Court: 28.01.2011)
Key Aspects:
Arbitrability of Issues under Public Premises (Eviction of Unauthorized Occupants) Act, 1971

Solutions Advertising v. Thane Municipal Corporation (Bombay High Court: 28.01.2011)
Key Aspects:
Appointment of Arbitrator by Court, Unilateral Appointment of Arbitrator, Appoint of Employee/ Member of one of the Parties as Arbitrator, Independence and Impartiality of Arbitrators,

Modern Food Industries (India) v. M/S Nandlal & Co. (Patna HC: 28.01.2011)
Key Aspects:
Unregistered partnership Firm and the Right to Invoke Arbitration, Consequence of not Pleading Lack of Jurisdiction to Decide a Dispute Initiated by an Unregistered Partnership against a Third Party

Indian Renewable Energy Development Agency Ltd. v. The Official Liquidator, High Court, Madras, as the Provisional Liquidator of Arunachalam Sugar Mills Ltd & Ors.  (Madras HC: 19.01.2011)
Key Aspects
Application to Court for Interim Measures, Invoking Arbitration against a Company in Liquidation,
Role of a Provisional Liquidator, Right of Lien, Rights of an Unpaid Seller.

Ringspann Elecon (India) Limited v. Ringspann Gmbh (Gujarat HC: 18.01.2011)
Key Aspects
Application for Interim Measures of Protection, Existence of a Dispute as a Pre-requisite.

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