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clause

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contractual dispute
Posted inNews

Supreme Court of India holds state cannot be judge in its own cause in contractual disputes — “Clause barring arbitration and courts read down, arbitral award restored”

Court’s decision The Supreme Court of India set aside the High Court’s judgment and restored the arbitral award, holding that a contractual clause allowing a State authority to unilaterally determine…
Posted by Rawlaw March 25, 2026
primetals sail dispute
Posted inNews

Delhi High Court sets aside arbitral award in Primetals–SAIL dispute — “Arbitrator added non-existent clause to justify MGCC deduction”, award vitiated by patent illegality

Court’s decision The Delhi High Court allowed a Section 34 petition filed by Primetals Technologies India Private Limited and set aside an arbitral award that had upheld deduction of Rs.1,07,61,378/-…
Posted by Rawlaw February 24, 2026
builder-buyer clause
Posted inNews

Supreme Court of India: Builder-buyer clauses cannot override Consumer Protection Act— “8% interest for delayed possession upheld; occupancy certificate mandatory before handover”

Court’s decision The Supreme Court of India dismissed three civil appeals filed by a real estate developer challenging orders of the National Consumer Disputes Redressal Commission directing completion of construction,…
Posted by Rawlaw February 23, 2026
private arbitration
Posted inNews

Delhi High Court holds MSMED Act arbitration overrides private arbitration clause — “Facilitation Council retains jurisdiction despite contractual seat at Delhi”

1. Court’s decision The Delhi High Court declined to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, holding that once the statutory mechanism under the…
Posted by Rawlaw February 10, 2026
arbitration agreement
Posted inNews

Bombay High Court: “Once the Contractual Relationship Ends, Arbitration Clause Ceases to Operate” — Court Holds that Arbitration Cannot Be Invoked After Termination of Distributor Agreement

Court’s Decision The Bombay High Court dismissed the petition seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, holding that no arbitrable dispute survives…
Posted by Rawlaw October 8, 2025

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