Factual Background In ongoing arbitral proceedings between Viva Highways Ltd (appellant) and MPRDC (respondent), the High Court of Madhya Pradesh, relying on Mohan Lal Fatehpuria (2025 INSC 1409), terminated the existing arbitrator’s mandate and directed the parties to propose a new arbitrator. Viva Highways challenged this interim order before the Supreme Court. Issues Whether, upon…
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….
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…
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…
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…
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…
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….
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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