ARBITRATION
Calcutta High Court Says Parties Can't Object To Kolkata Arbitration Venue After Failing To Do So Earlier
The Calcutta High Court has held, in the facts of a loan dispute, that borrowers who failed to object to the choice of arbitration venue despite notice and participated in earlier proceedings before Kolkata courts could not later challenge jurisdiction, as their conduct amounted to consent. A Single Bench of Justice Shampa Sarkar allowed an application filed by Electronica Finance Limited and appointed advocate Deepan Kumar Sarkar as the sole arbitrator to adjudicate disputes with Quality...
LiveLawBiz Arbitration Cases Monthly Digest: April 2026
Supreme CourtNo Immediate Challenge To Arbitrator's Rejection Of Jurisdiction Plea; Must Wait For Final Award: Supreme CourtCase Title MCM Worldwide Private Limited v. M/s. Construction Industry Development CouncilCase Number Civil Appeal (arising out of SLP (C) No. 33075 of 2025)Citation 2026 LLBiz SC 171The Supreme Court has recently held that when a claim is challenged as time-barred to question an arbitrator's jurisdiction, and the arbitrator rejects that objection, the party cannot...
Bombay High Court Upholds ₹27.43 Crore Arbitral Award Against ONGC In Uran ETP Dispute, Dismisses Appeal
The Bombay High Court has recently upheld an arbitral award in favour of Newton Engineering & Chemicals Ltd, dismissing Oil and Natural Gas Corporation's appeal in a dispute arising from delays in the Uran Effluent Treatment Plant project. A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad held that the tribunal's interpretation of the contract was a plausible view and did not warrant interference. “We do not find any contradiction in the Award or the...
Arbitral Tribunal's Mandate Not Automatically Terminated After Deadline: J&K & Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh has reiterated that an arbitral tribunal does not permanently lose its authority merely because the deadline to pass an award has expired, holding that proceedings can continue if the Court later extends the time. A Bench of Justice Sanjay Dhar relying on the Supreme Court's ruling in Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd. observed: "it is clear that expiry of stipulated time period for making award only makes the Arbitral...
Challenge To Impleadment Of Non-Signatory In Arbitration Maintainable Only After Award: Delhi High Court
The Delhi High Court has reiterated that where an arbitral tribunal rejects a jurisdictional objection, including to the impleadment of a non-signatory, the challenge to such a decision can be raised only after the tribunal proceeds with the arbitration and makes an award. On this basis, the court dismissed as not maintainable an appeal filed by Ocean View Properties LLP against an order of the arbitral tribunal impleading it as a party to the proceedings, even though it was not a signatory to...
MP High Court Upholds Remand To Arbitrator In NHAI Land Compensation Case After He Ignored Land's Urban Status
The Madhya Pradesh High Court has upheld a district court's decision to send a land compensation dispute back to an arbitrator after finding that the arbitrator ignored that the land had already been declared urban before fixing compensation. “The power of remand as held by the constitution bench permits the Court to send the award to the Tribunal for reconsideration of specific aspects and it is not an open ended process rather it is a limited power confined to limited circumstances and issues...
Amazon- Future Coupons Reach Settlement; Delhi High Court Disposes Challenge To SIAC Award
The Delhi High Court on Tuesday permitted withdrawal of petitions filed by Future Coupons Private Limited and promoter entities, including Ashni Kishore Biyani, against a Singapore International Arbitration Centre (SIAC) award in their dispute with Amazon. The award had held them in breach of contractual obligations and directed them to pay Rs 23.7 crore in damages, along with Rs 77.3 crore and SGD 68,550 towards costs, but the challenge was withdrawn after the parties entered into a settlement...
Bombay HC Restores Interim Relief Pleas Against AAI, Says Interim Relief Court Must Examine Arbitrability Bar
The Bombay High Court has held that, in a case involving airport premises, the question of whether a dispute can be referred to arbitration requires examination by the court hearing interim relief petitions under the Arbitration Act, especially where a law may bar arbitration. The court made this observation while restoring petitions filed by licensees against the Airports Authority of India (AAI) seeking interim protection against termination of their licence agreements and eviction from...
Arbitral Tribunal Can Decide Limitation Even After Appointment Under Section 11: Allahabad High Court
The Allahabad High Court on 27 April held that even where a Court appoints an Arbitral Tribunal under Section 11 of the Arbitration and Conciliation Act, 1996 without examining limitation, the Arbitral Tribunal can still decide such objections under Section 16. A Bench of Justices Shekhar B. Saraf and Abdesh Kumar Chaudhary held that Arbitral Tribunals retain full authority to decide their own jurisdiction, including limitation, even after a Section 11 reference, and set aside the Tribunal's...
Arbitrator Need Not Frame Issue Absent Relief Claim In Statement of Claim: Bombay High Court
The Bombay High Court on 7 April held that an Arbitral Tribunal is not required to frame a specific issue where a party merely raises a grievance in the Statement of Claim (SoC) without seeking any corresponding relief. A Single Judge Bench of Justice Sharmila U. Deshmukh upheld an award in a dispute between the Ministry of Railways and Ambuj Hotel and Real Estate Pvt. Ltd., and dismissed cross-petitions under Section 34 of the Arbitration and Conciliation Act, 1996. She observed: “There was...
Delhi High Court Restrains AAI From Encashing ₹3.17 Cr Bank Guarantees In Jabalpur Airport Upgradation Dispute
The Delhi High Court has recently restrained the Airport Authority of India from taking any further precipitative or coercive action against NKG Infrastructure Ltd. in relation to bank guarantees aggregating to Rs. 3.17 crore furnished for the Jabalpur Airport upgradation project, noting that the disputes are already under consideration before a Dispute Resolution Committee (DRC). It clarified that the present order will not apply to two bank guarantees that have already been processed for...
Delhi HC Upholds Award, Says ACC Must Pay Over ₹10 Crore To Engineering Projects For Mining Project Defaults
The Delhi High Court has upheld an arbitral award holding a subcontractor liable to pay over Rs.10 crore to the main contractor under a back-to-back contract for losses caused by its own poor performance.Justice Harish Vaidyanathan Shankar said: “The recovery of a proportionate share of those penalties from ACC, as the party whose underperformance caused the termination, is a straightforward application of the contractual framework and of the back-to-back principle that governed the parties...











