ARBITRATION
LiveLawBiz Arbitration Monthly Digest: May, 2026
Supreme CourtSupreme Court Refuses To Interfere With ₹66.31 Lakh Award In Favour Of Aakash In Coaching Franchise DisputeCase Title: M/S PARAMOUNT LEARNING SOLUTIONS AND ORS. Versus AAKASH EDUCATIONAL SERVICES LTD.Case Number: Diary No. 22100-2026Citation: 2026 LLBiz SC 173The Supreme Court of India on Tuesday dismissed a plea by Paramount Learning Solutions in a franchise dispute involving an Aakash Educational Services Ltd. coaching centre.It declined to interfere with the Delhi High Court's...
Delhi High Court Rejects Oracle's Challenge To Award Refusing Transfer Of 'Exadata.in' Domain
The Delhi High Court has refused to interfere with an arbitral award rejecting Oracle International Corporation's bid to secure the transfer of the domain name “www.exadata.in”. The court held that the arbitrator had arrived at a plausible factual conclusion that the threshold necessary for establishing bad-faith registration or use under the .IN Domain Name Dispute Resolution Policy (INDRP) had not been met. Justice Harish Vaidyanathan Shankar held that similarity between Oracle's registered...
Arbitrator's Plausible Reading Of Ambiguous Contract Clause Not Ground To Set Aside Award: Rajasthan HC
The Rajasthan High Court has held that where a contract contains an ambiguous term and the arbitrator adopts a plausible interpretation of that term, such interpretation does not amount to misconduct under Section 30 of the Arbitration Act, 1940. Justice Sandeep Shah upheld an arbitral award passed nearly two decades ago against the Union of India (UOI) in a dispute arising from fencing work along the Indo-Pak border and affirmed the arbitral award as well as the order of the District Judge,...
Manipur High Court Sets Aside ₹10 Crore Lottery Damages Award Favouring State, Cites No Proof Of Loss
The Manipur High Court on 30 May held that compensation under a liquidated damages clause cannot be awarded without evidence of actual loss where such loss is capable of proof, and partly set aside an arbitral award arising from a dispute over delayed commencement of online lottery draws. A Division Bench comprising Chief Justice M. Sundar and Justice A. Bimol Singh partly allowed MWC Market Services Pvt. Ltd.'s appeal under Section 37 of the Arbitration and Conciliation Act, 1996, setting...
LiveLawBiz Arbitration Cases Weekly Digest: May 25 - May 30, 2026
NOMINAL INDEXAshok and Ors. v. Padam Chand and Ors., 2026 LLBiz SC 211Madhya Pradesh Road Development Corporation Ltd. v. M/s Jabalpur Corridor Pvt. Ltd., 2026 LLBiz SC 210Tarini Prasad Mohanty v. M/s Sunflag Iron and Steel Company Limited, 2026 LLBiz SC 206Bhupesh Bhayana and Another v. Kunal Seth and Another, 2026 LLBiz SC 205Gujarat Water Supply and Sewerage Board v. Saryu Plastics Pvt. Ltd., 2026 LLBiz SC 203M/S BRH Wealth Kreators Ltd. v. Sudhir Kumar Aggarwal, 2026 LLBiz HC (DEL)...
Arbitrator Appointment By Agreed Arbitral Institution Cannot Be Treated As Unilateral: Rajasthan High Court
The Rajasthan High Court has recently affirmed that the appointment of an arbitrator by an arbitral institution agreed upon by the parties cannot, by itself, be treated as a unilateral appointment, while setting aside orders that had refused to execute an arbitral award obtained by Sundaram Finance Ltd.A single bench of Justice Bipin Gupta relied on recent judgments of the Madras High Court and the Kerala High Court. The court unequivocally held that MCCI was mutually agreed upon by the parties,...
Fraud Findings Cannot Rest On Conjectures: Delhi HC Partly Sets Aside Order Against BRH Wealth Kreators
The Delhi High Court has partly set aside findings of a District Judge that had held brokerage firm BRH Wealth Kreators Ltd. guilty of defrauding an investor in connection with alleged unauthorised trades in his demat account. It held that findings of fraud cannot be returned without documentary evidence and cannot be based on intuition, conjectures or surmises. However, a Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora upheld the District Judge's order only...
Pending Suit Dispute Could Be Referred To Arbitration Only Through Court Under 1940 Act: Supreme Court
The Supreme Court on Friday held that under the now-repealed Arbitration Act, 1940, parties to a pending civil suit could not validly refer their dispute to arbitration without jointly approaching the court where the suit was pending for a reference. The court consequently decreed a suit for possession and mesne profits concerning a property in Gwalior and set aside a Madhya Pradesh High Court judgment that had upheld dismissal of the suit. A bench of Justices J.K. Maheshwari and Atul...
J&K and Ladakh High Court Dismisses Union's Challenge to Award In Army Northern Command Accommodation Project Dispute
The Jammu & Kashmir and Ladakh High Court has dismissed the Union of India's appeal against an order refusing to set aside an arbitral award after finding that it had failed to plead, point out or prove any perversity in the award. A Division Bench of Justice Rajnesh Oswal and Justice Rahul Bharti observed: "We find ourselves in cordial and in complete agreement with the court of learned Principal District Judge, Udhampur that the appellant failed to plead and point much less prove any...
Arbitration Clause in Tax Invoices Can Bind Parties if Accepted Through Conduct: Allahabad High Court
The Allahabad High Court has reiterated that an arbitration clause contained in tax invoices can constitute a binding arbitration agreement where the parties intended to be governed by it, while appointing a sole arbitrator to resolve a payment dispute arising from the supply of recycled polyester staple fiber. Justice Piyush Agrawal passed the order on an application filed by Ganesha Ecosphere seeking appointment of an arbitrator in a dispute arising from the supply of recycled polyester...
Arbitration In India Has Not Failed, Courts Sometimes Have Failed Arbitration: Supreme Court
The Supreme Court on Friday remarked that “Arbitration in India has not failed; however, Courts sometimes have failed arbitration in India,” while dismissing Madhya Pradesh Road Development Corporation Ltd.'s (MPRDC) challenge to an arbitral award that had already survived multiple rounds of judicial scrutiny over nearly 12 years. A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar made the observation while refusing to interfere with an arbitral award in favour of Jabalpur...
After Corporate Veil Was Lifted, Delhi HC Lets Directors Raise Company's Objections To Arbitral Award
The Delhi High Court has held that directors of International Print O Pac Ltd., against whom execution proceedings were initiated after the corporate veil of the company was lifted, can raise all objections available to the company, including a plea that the arbitral award sought to be enforced is a nullity. A Division Bench of Justice Dinesh Mehta and Justice Vinod Kumar set aside a Saket Commercial Court order rejecting objections filed by directors Amila Singhvi and another against...




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