Beevee Enterprises & Ors. v. L & T Finance Limited Court – Calcutta High Court Citation – APOT 208 OF 2025 IA NO. GA 1 OF 2025 Date – 11.09.2025 The Hon’ble Calcutta High Court has held that a party can be directed to furnish security under Section 37 appeal, for the loan as per…
Chakardhari Sureka v. Prem Lata Sureka through SPA & Ors. Court – Supreme Court Citation – Civil Appeal No. 11840/2025 Date – 15.09.2025 The Hon’ble Supreme Court has held that the pendency of Section 37 appeal cannot be a ground for stalling of execution of Arbitral Award. The Court held, “6. In our view, the…
Gujarat Power Corporation Limited v. Tata Power Renewable Energy Limited Court – Gujarat High Court Citation – R/Special Civil Application No. 6910 of 2025 Date – 11.09.2025 The Hon’ble Gujarat High Court has held that a Writ Court should only interfere with procedural order of arbitral proceedings under rarest of rare circumstances or if the…
Introduction In India, arbitration has become a preferred dispute resolution mechanism for commercial matters. Its key advantages—neutrality, efficiency, and cost-effectiveness—enhance its appeal, especially when compared to potentially lengthy court litigation. A common question from clients is: what is the actual cost of arbitration in India? The common perception is that arbitration is always less expensive…
State of U.P. and 2 Others v. Satish Chandra Shiv Hare-Brothers Court – Delhi High Court Citation – Matters under Article 227 No. – 11680 of 2023 Date – 25.08.2025 The Hon’ble Delhi High Court has held that statutory interest can be granted by Executing Court under Section 36 which may not have been mentioned…
Surender Bajaj v. Dinesh Chand Gupta and Ors. Court – Delhi High Court Citation – ARB.P. 1076/2025 Date – 19.08.2025 The Hon’ble Delhi High Court has held that a Section 11 Application cannot be filed if order dismissing Section 8 Application is not set aside as such order amounts to res judicata. The Court held,…
Introduction In a significant ruling that reinforces the primacy of substance over form in commercial contracts, the Supreme Court of India has held that an arbitration agreement can be binding even if it is not signed by a party, provided their conduct demonstrates clear consent to its terms. The bench in the case of Glencore…
K.Bala Vishnu Raja v. Emaar Hills Township Private Limited and Others Court – Telangana High Court Citation – CC.R.P. Nos. 1014 and 1184 of 2024 Date – 19.08.2025 The Hon’ble Telangana High Court has held that an a Non-signatory must have close and live connection to the Arbitration Agreement for being made a part of…
Neosky India Limited & Anr. v. Mr. Nagendran Kandasamy & Ors. Court – Delhi High Court Citation – O.M.P.(I) (COMM.) 183/2024 Date – 11.08.2025 The Hon’ble Delhi High Court has held that Restrictive Covenants after termination of Employment Contract are void as per the Section 27 of the Indian Contract Act 1872. The Court vacated…
Glen Industries Private Limited v. Oriental Insurance Company Limited Court – Calcutta High Court Citation – AP-COM/540/2025 Date – 12.08.2025 The Hon’ble Calcutta High Court has held that the proceedings between Expiry of Arbitrator’s Mandate and its Extension are not Void if Mandate is Extended. The Court held, “13. The legislative intent was that…
Introduction In India, arbitration is one of the most preferred methods of resolving commercial disputes because it upholds party autonomy, procedural flexibility, and cost-effectiveness. In complex and document-intensive cases, specialized tribunals and streamlined processes frequently offer more efficient and reliable outcomes compared to traditional litigation. A critical question in this domain is whether disputes involving…
Indraprastha Power Generation Co. Ltd. v. EM Services (I) Pvt. Ltd. Court – Delhi High Court Citation – O.M.P 717/2010 Date – 13.08.2025 The Hon’ble Delhi Court has held that an Arbitral award refusing to frame an issue for the counter claim is patently illegal and would be against the fundamental policy of…
Kamal Gupta & Anr. v. L.R. Builders Pvt. Ltd. & Anr. Court – Supreme Court Citation – 2025 INSC 975 Date – 13.08.2025 The Hon’ble Supreme Court has held that non-signatories to an arbitration agreement cannot be allowed to participate in arbitration proceedings as it waters down the concept of confidentiality. The Court held,…
Introduction Arbitration is a popular method of dispute settlement in India, particularly in commercial transactions. Traditionally, arbitration agreements have been binding only on the signatories to the contract. However, modern commercial realities often involve complex corporate structures where multiple entities, though legally distinct, form part of a larger business group and are closely involved in…
Activitas Management Advisory Private Limited v. Mind Plus Healthcare Private Limited Court – Supreme Court Citation – SLP (C) No. 27714 of 2024 Date – 05.08.2025 The Hon’ble Supreme Court has held that in absence of the seat or venue mentioned in the Arbitration Agreement, the Place of Exclusive Jurisdiction shall be deemed as…
Introduction Arbitration has emerged as a preferred mode of Alternative Dispute Resolution (ADR) in India and globally, particularly for commercial disputes. Its appeal lies in its flexibility, party autonomy, cost-effectiveness, and relative speed compared to traditional litigation. The Arbitration and Conciliation Act, 1996 (the “Act”) provides the legal framework for arbitration in India. A central…
Introduction The success of international arbitration hinges on the precision and clarity of the dispute resolution clause. Among the most critical, yet frequently confused, terms are ‘seat’ and ‘venue’. While they both relate to the location of an arbitration, they serve fundamentally different functions and carry vastly different legal consequences. A failure to distinguish between…
Introduction In the Indian business context, contracts must be more than simple statements of rights and obligations; they need to be crafted to handle every eventuality. Even the most well-negotiated collaborative relationships can give rise to conflicts over performance, payments, interpretation, or other unforeseen issues. It is during such disputes that contracts are truly tested….
S. K. Builders v. CLS Construction Pvt. Ltd. Court – Delhi High Court Citation – O.M.P. (COMM) 297/2023 Date – 08.08.2025 The Hon’ble Delhi High Court has held that no response does not mean consent for appointment of Arbitrator. Appointment requires positive consent and in the absence of it, the appointment becomes unilateral and illegal….
Introduction In the rapidly evolving landscape of commercial dispute resolution, “emergency arbitration” has emerged as a vital tool for parties seeking urgent interim relief before the constitution of a formal arbitral tribunal. The concept of an Emergency Arbitrator is particularly significant in cross-border commercial transactions where delays in securing urgent interim measures could lead to…
Introduction In a significant ruling that reinforces the legislative intent of the Arbitration and Conciliation Act, 1996 (the ‘Arbitration Act’), the Supreme Court of India, in the case of The Managing Director Bihar State Food and Civil Supply Corporation Limited & Anr. v. Sanjay Kumar, has decisively settled the scope of judicial inquiry at the…
Roshan Agarwal v. National Projects Construction Corporation Limited (NPCCL) & Anr. Court – Calcutta High Court Citation – AP-COM/218/2025 Date – 04.08.2025 The Hon’ble Calcutta High Court has held that the mere use of the expression “Arbitration” in a clause is not sufficient to make the Agreement binding and the intent of the parties…
INTRODUCTION The Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) constitutes an exhaustive and systematic legislative framework that governs the law relating to domestic and international commercial arbitration in India. The Act delineates the procedural and substantive aspects of arbitration, aiming to ensure the fair, efficient, and speedy resolution of disputes outside…
Devi Prasad Mishra v. Nayara Energy Limited Court – Allahabad High Court Citation – Civil Misc. Application No. 2 of 2024 Date – 15.07.2025 The Hon’ble Allahabad High Court has held that if only one place is mentioned in the Agreement, then the “venue” will be considered as the “seat” of Arbitration unless something contrary…
MMTC Limited v. Anglo-American Metallurgical PTY Limited and Ors. Court – Delhi High Court Citation – CS(COMM) 959/2024 Date – 29.07.2025 The Hon’ble Delhi High Court has held that an Arbitral Award cannot be challenged through Civil Suit as it is not allowed under Section 34 read with Section 5 of the Act. The Court…
Vedanta Limited v. Gujarat State Petroleum Corporation Ltd. Court – Delhi High Court Citation – ARB.P. 853/2023 & I.A. 20643/2023 Date – 28.07.2025 The Hon’ble Delhi High Court has held that Parties cannot be precluded from Arbitration if there is mere pendency of formal signature by one party and the other party has already signed…
Engineering Projects (India) Limited v. MSA Global LLC (Oman) Court – Delhi High Court Citation – CS(OS) 243/2025 Date – 25.07.2025 The Hon’ble Delhi High Court has held that if proceedings are vexatious, anti – arbitration injunction can be granted by the civil courts in a foreign seated arbitration. The Court held, “114. It has…
Harkisandas Tulsidas Pabari and Anr. v. Rajendra Anandrao Acharya and Ors. Court – Bombay High Court Citation – Arbitration Appeal No. 62 of 2007 and 63 of 2007 Date – 22.07.2025 The Hon’ble Bombay High Court has held that remission of proceedings to the same Arbitrator under Section 33 and 34(4) can only be done…
Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Limited Citation – AP-COM/428/2025 Court – Calcutta High Court Date – 21.07.2025 The Hon’ble Calcutta High Court has held that if sufficient cause is shown, an Arbitrator’s mandate can be extended multiple times by the Court under Section 29A(5). The Court held, “10. Thus, in my view, the first…
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