ARBITRATION
Delhi HC Grants Interim Protection To Orange Orbit LLP in Rs. 18.6 Cr. Dispute With HostBooks Ltd.
The Delhi High Court recently granted interim protection to Orange Orbit LLP in its Rs. 18.6 crore investment dispute with HostBooks Limited in a petition under Section 9 of the Arbitration and Conciliation Act, 1996. Justice Mini Pushkarna allowed the petition and restrained HostBooks and its founders (Respondent Nos. 2 and 3) from alienating or creating further encumbrances over its assets, business, software, intellectual property and securities pending arbitration till the next date of...
Delhi High Court Restrains Ex-Franchisee From Using Toni & Guy Brand Pending Arbitration
On 26 May, the Delhi High Court granted interim protection under Section 9 of the Arbitration and Conciliation Act, 1996 and restrained a former franchisee from using the “Toni & Guy” trademarks and associated intellectual property pending arbitration. Justice Mini Pushkarna held that a valid arbitration agreement governed the dispute and protected the franchisor's brand rights during the pendency of proceedings and allowed the petition filed by Profile India International. The Bench...
Final Termination Order Not Needed To Invoke Arbitration: Madhya Pradesh High Court
The Madhya Pradesh High Court on 13 May held that a show cause notice proposing termination, coupled with a reply denying the allegations, constitutes a “dispute” sufficient to invoke arbitration, even in the absence of a final termination order. Justice Pavan Kumar Dwivedi rejected Indian Oil Corporation Limited's (IOCL) objection that the petition under Section 11 of the Arbitration and Conciliation Act, 1996 was premature and appointed Justice (Retd.) Virender Singh as the sole Arbitrator....
LiveLawBiz Arbitration Cases Weekly Digest: June 7 - June 13, 2026
Nominal IndexVE Commercial Vehicles v. M/s Singh Enterprises, 2026 LLBiz HC (DEL) 615Air Force Naval Housing Board v. M/s NG Constructions, 2026 LLBiz HC (DEL) 614M/s Amber Electrotech Ltd. & Anr. v. M/s Dollar Security & Support Services, 2026 LLBiz HC (DEL) 605Morgan Securities and Credits Pvt. Ltd. v. BPL Limited & Ors., 2026 LLBiz HC (DEL) 613Conscient Infrastructure Pvt. Ltd. v. Mr. Mahesh Kapoor & Anr., 2026 LLBiz HC (DEL) 611Mr. Pathan Imrankhan Zafarullakhan & Anr. v....
Presiding Arbitrator Has No Noteworthy Superior Role Over Other Arbitrators Except On Procedure: Kerala HC
The Kerala High Court on Friday observed that a presiding arbitrator has no noteworthy superior role over the other members of an arbitral tribunal except in matters of procedure where authorised by the parties or the tribunal. Justice S. Manu observed, “It is clear from the arbitration clause that the third arbitrator nominated by the two arbitrators chosen by the parties shall preside the tribunal. The learned counsel for the petitioner is correct in contending that the presiding...
Calcutta HC Keeps Arbitration Agreement Issue Open in Kobelco-Lara Mining Dispute, Declines Interim Relief
The Calcutta High Court has left open the question of whether an arbitration agreement contained in two Master Facility Agreements was validly assigned to Kobelco Construction Equipment India Pvt. Ltd. through a settlement with SREI Equipment Finance Ltd. The Court held that the issue should be decided by the appropriate forum and not in the present appeals. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi ruled that findings made by a Single Judge on the non-existence of...
Calcutta High Court Appoints Arbitrator in MHPL Infra-RITES Dispute Over Buxar Thermal Power Project Contract
The Calcutta High Court on Friday appointed a sole arbitrator to adjudicate disputes between MHPL Infra JV and RITES Ltd arising from a railway infrastructure contract connected with the Buxar Thermal Power Project at Chausa, Bihar. Justice Gaurang Kanth appointed Advocate Sabir Ahmed as the sole arbitrator. The Court held that a valid arbitration clause existed between the parties. It also found that the petition for appointment of an arbitrator had been filed within the prescribed limitation...
Withdrawn Civil Suit Does Not Bar Invocation Of Arbitration Clause: Delhi High Court
The Delhi High Court has recently held that the filing of an earlier civil suit does not bar a party from invoking an arbitration clause where the suit was subsequently withdrawn. The court observed, “Mere fact that earlier a civil suit had been filed, would be no bar to invoke arbitration in terms of the Arbitration Clause, especially, when the said suit had been withdrawn.” Justice Mini Pushkarna made the observation while appointing Justice (Retd.) Kurian Joseph, former judge of the Supreme...
Arbitrator Appointment Without Written Waiver Under Section 12(5) Is Void Ab Initio: Delhi High Court
On 26 May, the Delhi High Court reiterated that waiver of the applicability of Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act cannot be inferred from conduct and must arise only from an express written agreement between the parties. A Bench of Justice Avneesh Jhingan set aside an arbitral award in a dispute between a developer and the Air Force Naval Housing Board (AFNHB) concerning construction of a residential complex. It observed: “The unilateral...
Delhi HC Refers Morgan Securities–BPL Post-Award Dispute To Arbitration, Appoints Justice U.U. Lalit
On 29 May, the Delhi High Court referred the disputes between Morgan Securities and Credits Pvt. Ltd. and BPL Limited to arbitration, appointed former Chief Justice of India Justice U.U. Lalit as sole arbitrator, and continued interim protection restraining alteration of BPL's assets, management, and control structure pending arbitration. A Single Judge Bench of Justice Harish Vaidyanathan Shankar held that alleged post-award breaches arising from subsequent transactions can give rise to a...
Mere Objections To Specific Performance Not Enough To Deny Interim Relief In Arbitration: Delhi High Court
The Delhi High Court has recently held that mere invocation of statutory restrictions on specific performance cannot, by itself, justify refusal of interim protective relief in arbitration proceedings. It observed that such objections must be clearly established before a court can decline measures aimed at preserving the subject matter of a dispute pending arbitration. Justice Harish Vaidyanathan Shankar made the observation while granting interim protection to Conscient Infrastructure Pvt....
Similarity With 'Excel' Alone Not Bad Faith; Delhi HC Sets Aside Award Transferring 'exceltotally.in' To Microsoft
The Delhi High Court has set aside an arbitral award that directed the transfer of the domain name "exceltotally.in" to Microsoft Corporation. The Court held that confusing similarity with Microsoft's "EXCEL" trademark, by itself, was not enough to establish bad faith under the .IN Domain Name Dispute Resolution Policy (INDRP). Justice Harish Vaidyanathan Shankar observed that the arbitrator had not independently examined whether the registrants intentionally sought to deceive users, exploit...









