Himachal Pradesh State Electricity Board Limited v. HCL Infotech Limited Court – Himachal Pradesh High Court Citation – OMP (M) No. 55 of 2024 in CARBC No.13 of 2025 Date – 10.10.2025 The Hon’ble Himachal Pradesh High Court has held that bureaucratic delays and internal movement of files cannot be ground for condoning delay in…
MMTC Limited v. Anglo American Metallurgical Coal Pvt. Limited Court – Supreme Court Citation – Civil Appeal no. 13321 of 2025 Date – 03.11.2025 The Hon’ble Supreme Court has held that the the execution of an Arbitral Award can be objected to only if decree is void or without jurisdiction. The Court held, “97. We…
Steel Authority of India Limited v. British Marine PLC Court – Delhi High Court Citation – O.M.P. (COMM) 20/2023 and I.A. 1116/2023 Date – 13.10.2025 The Hon’ble Delhi High Court has held that interpretation of similar clause in an earlier Arbitration does not render Arbitrator’s current appointment invalid. The Court held, “54. Applying the aforementioned…
Techtix Engineers v. Megastone Logipark Pvt. Ltd. & Ors. Court – Gujarat High Court Citation – R/Special Civil Application No. 6878 of 2023 Date – 07.10.2025 The Hon’ble Gujarat High Court has held that the certified copy of the arbitration agreement is not necessary if an undisputed agreement copy is on record. The Court held,…
Best Eastern Business House Pvt Ltd. v. Mina Pradhan Court – Calcutta High Court Citation – AP-COM – 296 of 2025 Date – 23.09.2025 The Hon’ble Calcutta High Court has held that the mandate of an Arbitrator under Section 29A(4) can only be extended by the High Court and not by the Principal Civil Court…
Damodar Valley Corporation v. AKA Logistics Private Limited Court – Calcutta High Court Citation – AP-COM -166 of 2025 Date – 23.09.2025 The Hon’ble Calcutta High Court has held that a Composite Arbitral Award can be challenged under a single Section 34 Petition. The Court held, “30. The Arbitration and Conciliation Act, 1996, does not…
JSW Ispat Special Products Limited v. Bharat Petroresources Limited Court – Delhi High Court Citation – O.M.P. (COMM) 533/2024 Date – 11.09.2025 The Hon’ble Delhi High Court has held that the claims that are not a part of the Resolution Plan are not arbitrable once the insolvency proceedings have been initiated and such claims shall…
HLV Limited (Formerly known as Hotel LeelaVenture Pvt. Ltd.) v. PBSAMP Projects Pvt. Ltd. Court – Supreme Court Citation – SLP (Civil) No. 10732 of 2024 Date – 24.09.2025 The Hon’ble Supreme Court has held that additional post-award interest cannot be claimed under Section 31(7)(b) if Award fixed interest rate till payment. The Court held,…
Sunita Gupta v. URGO Capital Limited & Ors. Court – Calcutta High Court Citation – C.S. (COM) No. 55 of 2025 Date – 11.09.2025 The Hon’ble Calcutta High Court has held that the allegation of misuse of digital signature does not amount to denial of existence of arbitration agreement. The Court held, “25. The plaintiffs…
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…
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