"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.

Friday, February 18, 2011

Arbitration Judgements in India (Fortnight 1- February 2011)

S. Usha v. General Manager, Sourthen Railways (11.02.2011 – Madras HC)

Key Aspects:
Enforcement of Contractual Obligations Through Writs Despite Existence of Arbitration Clause, Nature of Contract with Statutory Bodies.

Mic Electronics Ltd. & Anr. v. Municipal Corporation Of Delhi & Anr (11.02.2011 – Delhi HC)

Key Aspects:
Application for Interim Relief, Stay of Letter Cancelling Contract, Public Law Principle that State Should Act Fairly- Whether Court in its Power to Judicial Review can Override the Express Provisions of Contract, Wrongful Contractual Termination and Right to Specific Relief.

Vishal Exports Overseas Ltd v. Hamburg Bulk Carriers (10.02.2011 – Delhi HC)

Key Aspects:
Condonation of Delay in Filing Objections to an Application under Section 34 of the Arbitration and Conciliation Act, 1996- Filing of Objections in Wrong Courts

Muthoot Leasing and Finance Ltd. v. N.P.Asiya (07.02.2011- Kerala HC)

Key Aspects:
Attachment Order under Section 9 of the Arbitration and Conciliation Act, 1996, Application by a Bona Fide Purchaser Before Attachment to Remove Attachment, Third Party and Section 9 of the Arbitration and Conciliation Act, 1996

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