ALTERNATIVE DISPUTE RESOLUTION

MIDSEMS

S. Case Year Bench Ratio

No.
1. Yashvant Chunilal Mody v. Yusuf
Karmali Kerwala & Ors.
2. Pricol Limited v. Johnson Controls
Enterprise Ltd.
3. Sukanya Holdings Pvt. Ltd v.
Jayesh H. Pandya & Anr.
4. Chloro Controls (I) P. Ltd. v.
Severn Trent Water Purification
Inc. & Ors.
5. Ameet Lalchand Shah and Ors. v.
Rishabh Enterprises and Anr.
2013 R.S. Dalvi Written arbitration agreement must be produced – oral evidence
(Bombay HC) is not a substitute.
2014 Ranjan Gogoi (Supreme Supreme Court upholds arbitration for a pathological arbitration
Court) clause.
2003 M.B. Shah, Arun Kumar Non-signatories to arbitration agreement – there can be no
(Supreme Court) bifurcation of claims on this basis (must be subject of
litigation).
2012 S.H. Kapadia, A.K. Reference to arbitration allowed even though certain parties
Patnaik, Swatanter Kumar were non-signatories – SHA was mother agreement.
2018 R. Banumathi, Ranjan Where the agreements are inter-connected and several parties
Gogoi are involved in a single commercial project executed through
several agreements, all the parties can be made amenable to
arbitration.
6. Ashapura Mine-Chem Ltd v.
Gujarat Mineral Devlopment Ltd.
7. Enercon (India) Ltd. & Ors. v.
Enercon Gmbh & Anr.
8. Garware Wall Ropes v. Coastal
Marine Constructions &
Engineering Ltd.
9. Union of India v. Hardy
Exploration and Production (India)
Inc.
10. Bhatia International v Bulk
Trading SA
11. Bharat Aluminium Co. [BALCO]
v. Kaiser Technical Services
2015 Fakkir Mohamed Arbitration clause survives even if MoU bears no fruit.
Kalifulla, Shiva Kirti
Singh (Supreme Court)
2014 Surinder Singh Nijjar, IPLA (although not a concluded contract) – arbitration clause
Fakkir Mohamed Kalifulla valid.
(Supreme Court)
2019 Rohinton F. Nariman Court cannot appoint the arbitrator in case arbitration clause is
(Supreme Court) contained in an unstamped or insufficiently stamped agreement.
2018 Dipak Misra (Supreme An arbitration clause must be read holistically to understand its
Court) intentions to determine the seat of arbitration.
2002 G.B. Pattanaik, S.N. Indian courts had exclusive jurisdiction to test the validity of an
Phukan, S.N. Variava arbitral award made in India even when the proper law of the
(Supreme Court) contract was the law of another country.
2012 D.K. Jain, Surinder Singh Part I of the Act would be considered impliedly excluded when
Nijjar, Ranjana Prakash the juridical seat is outside India or where a foreign law is
Desai, Jagdish Singh chosen as the law governing the arbitration agreement.
Khehar (Supreme Court)