Alerts & Updates

ELP- Arbitration weekly update- Sterling Industries v. Jayprakash Associates & Ors.

Litigation, Arbitration & Dispute Resolution | Jul 26, 2019

This week, we take a look at a the judgment of the Supreme Court of India in M/s Sterlite Industries v. Jayaprakash Associates Ltd. & Ors.In this case, the Supreme Court dealt with an appeal against an order of the Allahabad High Court setting aside a partial award under Article 227 of the Constitution of India, passed in an application under S.20 of the Arbitration and Conciliation Act, 1996 (Act) and Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (Application). The Supreme Court held that in the light of Section 16(6) of the Act, the Application was untenable. Further, the Supreme Court reiterated its view that orders of the tribunal cannot be subject to the writ jurisdiction of the High Courts. Therefore, the Supreme Court set aside the order of the Allahabad High Court though the Respondent was granted liberty to challenge the award of the tribunal as and when it was finally passed.

Read the detailed update here.

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