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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