Background and Facts The Municipal Corporation of Greater Mumbai (MCGM) engaged R.V. Anderson Associates Ltd. for a World Bank-funded sewerage consultancy project. Following a dispute over outstanding dues, the Respondent invoked arbitration on August 9, 2005, and nominated its arbitrator. MCGM subsequently appointed Mr. Sharad Upasani as its nominee on October 7, 2005. The parties…
Factual Background On January 27, 2011, the Union of India and the North Central Railway Administration executed a turnkey contract with Larsen & Toubro Limited (L&T) to modernize the Jhansi Workshop for a negotiated value of Rs. 93,08,07,696. The parties set an original completion date of July 18, 2012, but the railway administration extended this…
Introduction In a significant ruling concerning the procedural nuances of the Arbitration and Conciliation Act, 1996 (the “A&C Act”), the Supreme Court of India has clarified the scope of Section 21 regarding the commencement of arbitral proceedings. The Court held that the failure to issue a formal notice under Section 21 is not fatal to…
The High Court of Delhi has delivered a compelling ruling in the composite matter of HPCL-Mittal Pipeline Ltd. v. Coastal Marine Construction and Engineering Ltd., setting aside a majority arbitral award that deemed an entire defense “admitted” due to technical defects in pleading format. This decision, issued by Justice Prateek Jalan on May 5, 2025,…
Existence of Dispute Under IBC-SC
- 2017-09-23
