No Intra-Court Appeal Against Arbitration Execution Orders Not Otherwise Appealable: Telangana High Court

The Telangana High Court has held that two orders passed in execution proceedings relating to an international commercial arbitration award could not be challenged through a Letters Patent appeal as they were not appealable under the statutory provisions governing such appeals.The Division Bench comprising Justice K. Lakshman and Justice B.R. Madhusudhan Rao observed:“The Act, 1996, is a self-contained code which governs all matters pertaining to arbitration, including the right to file appeals....

No Basis To Retain Bank Guarantees After Arbitral Award Is Settled: Delhi High Court

The Delhi High Court has held that once an arbitral award resolving the main contractual dispute is settled between the parties and the settlement amount is paid, there is no basis for retaining or seeking to invoke performance bank guarantees, security deposits, or fixed deposit receipts (FDRs) furnished under the contract.Justice Tushar Rao Gedela observed, “If that be so, then once the main claims in respect of the dispute arising out of the contract between the parties is adjudicated and...

Delhi High Court Sets Aside Arbitral Award After Tribunal Relied On Pre-Contract Notes To Alter Contract Terms

The Delhi High Court has partly set aside an arbitral award after finding that the majority tribunal had relied on pre-contract cover notes and discussions to alter the terms of an executed insurance policy.Justice Om Prakash Shukla held that the tribunal could not travel beyond the policy and insert terms that were not part of the executed contract. The court observed, “The majority members of the Tribunal acceded their jurisdiction by travelling beyond the executed policy to insert words based...

Writ Against Highways Act Arbitration Award Not Entertainable When Statutory Remedy Available: Andhra Pradesh High Court

The Andhra Pradesh High Court has recently ruled that a party challenging an arbitral award under the National Highways Act, 1956 cannot ordinarily bypass the statutory remedy under the Arbitration and Conciliation Act, 1996. The party cannot directly approach the court under Article 226 of the Constitution“The N.H. Act and the Act, 1996 are complete code. The statute provides the remedy under Section 34 of the Act, 1996 to challenge the award of the arbitrator on specified grounds and any...

Kerala High Court Limits Section 11 Arbitration Act Inquiry To Agreement, Refers NCLT Issues To Tribunal

The Kerala High Court on 14 August held that questions concerning pending proceedings before the National Company Law Tribunal (NCLT) and limitation must be considered by the Arbitral Tribunal at the stage of arbitration, observing that a Court's enquiry under Section 11 of the Arbitration and Conciliation Act, 1996 is primarily confined to the existence of an arbitration agreement. Justice S. Manu allowed an arbitration request arising from a dispute over 117 equity shares in Tharakan Web...

Delhi HC Upholds Ratnagiri Gas Award, Says Patent Illegality Unavailable In International Arbitration

The Delhi High Court on 17 August dismissed Ratnagiri Gas and Power Private Limited's challenge to an arbitral award directing it to refund USD 714,760.74 with 6% simple interest to Singapore-based Dinowic Pte Ltd. in a dispute concerning the sale and lifting of Naphtha from Dabhol, Maharashtra. A Bench comprising Justice Mini Pushkarna held that the scope of interference under Section 34 of the Arbitration and Conciliation Act, 1996 is narrower in an international commercial arbitration, and...

Delhi High Court Upholds ₹46.92 Lakh Bajaj Electricals Arbitral Award Against ITDC

The Delhi High Court on 17 August upheld the arbitral award directing India Tourism Development Corporation (ITDC) to pay Bajaj Electricals Ltd. Rs. 46.92 lakh along with pre-award, pendente lite and future interest, finding that the arbitrator had based the findings on the evidence and contractual terms on record. Justice Mini Pushkarna noted that courts cannot interfere with an arbitral tribunal's interpretation of a contract under Section 34 of the Arbitration and Conciliation Act, 1996,...

Employee Of Disputing Party Cannot Appoint Arbitrator After 2015 Amendment To Arbitration Act: Delhi High Court

The Delhi High Court recently reiterated that an employee of a party to a dispute cannot appoint an arbitrator on its behalf under amended Section 12(5) of the Arbitration and Conciliation Act, 1996.Section 12(5) makes persons having certain relationships with a party or the dispute ineligible to act as arbitrators. The restriction can be waived only through an express written agreement between the parties after the dispute has arisen.The court referred to the Supreme Court's rulings in Bhadra...

Supreme Court Asks CJI To Consider Larger Bench To Examine Validity Of Pre-Deposit Clauses In Arbitration Agreements

The Supreme Court on Monday requested the Chief Justice of India to consider whether a larger Bench should examine the validity of contractual clauses requiring a party to deposit a percentage of its claim before invoking arbitration. The issue arose from a clause requiring the contractor in the present case to deposit 10% of its claim before the dispute could be referred to arbitration.A Bench of Justices Manoj Misra and Manmohan expressed doubts over the correctness of the three-Judge ruling...

'Classic Case Of Misuse': Delhi High Court Imposes ₹5 Lakh Costs On DMRC For Misusing Award-Correction Process

The Delhi High Court on Monday observed that it was difficult to believe that an organisation such as the Delhi Metro Rail Corporation (DMRC) did not know the fundamentals of Section 33 of the Arbitration and Conciliation Act, 1996.The court called DMRC's application seeking correction of the arbitral award a “classic case of misuse of Section 33”. It observed that the application may have been intended to obtain “breathing space” to challenge the substantive award.Section 33 allows a party to...

Arbitrability Of Dispute To Be Decided By Arbitral Tribunal, Not At Arbitrator Appointment Stage: Bombay High Court

The Bombay High Court has recently reiterated that whether an insurance dispute is ultimately arbitrable need not be decided while appointing an arbitrator, leaving that question for the arbitral tribunal to consider.“A distinction has to be maintained between the final issue whether the dispute is arbitrable and the limited enquiry which this Court is required to undertake at the stage of appointment of an Arbitrator,” Justice Amit Borkar observed.The court accordingly appointed former Kerala...

LiveLawBiz Arbitration Cases Weekly Digest: August 10 - August 16, 2026

NOMINAL INDEXCentral Depository Services (India) Limited v. Daksha Narendra Bhavsar & Anr., 2026 LLBiz SC 268Justice K.V. Viswanathan and Justice Alok Aradhe, 2026 LLBiz SC 266Omaxe Ltd. v. Mr. Joginder Singh Nijjar & Anr., 2026 LLBiz HC(DEL) 834Union of India, Through Secretary, Department of Telecommunications, Ministry of Communications, Govt. of India v. Sterlite Technologies Limited, 2026 LLBiz HC(DEL) 817P. Perumal Transports v. Bharat Petroleum Corporation Limited & Connected...