Factual Background The parties formed a partnership, “M/s Anmol Alliance,” to develop and construct an SRA project at Andheri (West), Mumbai. Disputes arose, leading to a Section 9 petition in which the High Court recorded consent terms on 09.07.2019 and appointed Hon’ble Mr. Justice J.N. Patel (former Chief Justice, Calcutta High Court) as sole arbitrator….
Introduction Arbitration is fundamentally a creature of consent. But what happens when the very document containing the consent, the arbitration agreement, is alleged to be a forgery? In the recent judgment of Rajia Begum v. Barnali Mukherjee, decided on February 2, 2026, the Supreme Court of India clarified the threshold for refusing arbitration when the…
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…
Regenta Hotels Private Limited v. Hotel Grand Centre Point and Ors. Court – Supreme Court Citation – SLP (CIVIL) NO. 30212 OF 2024 Date – 07.01.2026 The Hon’ble Supreme Court has held that Arbitration proceedings commence from the date of receipt of invocation notice by the Respondent and not from the date of appointment of…
The Hon’ble Supreme Court has held that merely if a party has participated in the arbitral proceedings does not per se constitute a waiver of its right to object to an arbitrator’s eligibility. The waiver to object should be express and in writing. I. Factual Matrix The dispute originated from a License Agreement executed in…
The Hon’ble High Court of Calcutta in its Order dated 15th December 2025 in Rishi Chemical Works Pvt. Ltd. v. Enviro Cleanroom Projects Pvt. Ltd., AP-COM/828/2025, has held that a Court can grant a party relief under Section 9 of the Arbitration and Conciliation Act 1996 in spite of the Conciliation proceedings going on under MSME….
Lubna Shah v. B. M. Jayeshankar & Others Court – Karnataka High Court Citation – Civil Misc. Petition No. 155 of 2025 Date – 14.11.2025 The Hon’ble Karnataka High Court has held that non-parties to an agreement can only be added to an arbitration under exceptional circumstances. The Court held, “12.6. The sanctity of arbitration…
National Building Construction Corporation v. Sharma Enterprises Court – Delhi High Court Citation – O.M.P. (COMM) 215/2022 Date – 19.11.2025 The Hon’ble Delhi High Court has held that the Arbitral Tribunal is the master of facts and evidence and the Court in appeal cannot re-appreciate factual or evidenciary findings recorded in an arbitral award. The…
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,…
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