ARBITRATION
Delhi High Court Holds NITI Aayog Payments Cannot Alter Award Rules, Directs NHPC To Pay HCC ₹16.39 Cr.
The Delhi High Court on 28 July held that interim payments released under NITI Aayog's relief scheme for construction contractors during the pendency of challenges to arbitral awards cannot alter the legal method of adjusting payments once the award attains finality. Justice Subramonium Prasad directed National Hydro Electric Power Corporation Ltd. (NHPC) to pay Rs. 16.39 crore to Hindustan Construction Co. Ltd. (HCC) after adjusting the amounts already paid under the scheme, holding that such...
Delhi High Court Holds Future O&M Claims Beyond Scope, Partly Quashes Louis Berger-COWI JV Award
The Delhi High Court on Monday, 3 August, held that an arbitral tribunal cannot award operation and maintenance charges for services that had not fallen due on the date of the award. Justice Avneesh Jhingan partly allowed the National Highways Authority of India (NHAI)'s petition under Section 34 of the Arbitration and Conciliation Act, 1996, and partly set aside an award granting Rs. 5.16 crore and USD 60,769 with interest to The Louis Berger Group Inc.-COWI A/S joint venture. He held: ...
Can An Arbitrator Appoint An Advocate Commissioner To Collect Evidence? Kerala High Court Says No
The Kerala High Court has ruled that an arbitral tribunal cannot appoint an Advocate Commissioner to collect evidence by invoking its power to grant interim measures under Section 17 of the Arbitration and Conciliation Act, 1996.Justice Easwaran S observed that Section 17 cannot be used to circumvent the limits imposed by Sections 26 and 27 of the Act. "Merely because Section 17 provides power to the arbitrator to grant interim relief, he cannot bypass the prohibition under Section 26 and grant...
State Gets No Special Leeway In Delay Condonation Under Arbitration Act: Allahabad High Court
The Allahabad High Court on 30 July held that government bodies are not entitled to any special concession under Section 34(3) of the Arbitration and Conciliation Act, 1996 and that the State and private parties are subject to the same standard for proving “sufficient cause.” A Division Bench of Justices Rajan Roy and Abdhesh Kumar Chaudhary dismissed an appeal filed by the railway authorities against the Commercial Court's refusal to condone a 28 day delay in filing objections to an arbitral...
Deposit Made To Stay Arbitral Award Is Security, Not Payment To Award-Holder: Delhi High Court
The Delhi High Court has held that depositing money in court as a condition for staying an arbitral award does not alter ownership of the amount.It ruled that such a deposit remains only a form of security and creates no unconditional right in favour of the decree holder.A single bench of Justice Avneesh Jhingan observed that the decree holder acquires no vested right over the money merely because it has been deposited in court."There is no vested right created in favour of the decree holder for...
LiveLawBiz Arbitration Cases Weekly Digest: July 26 - August 1, 2026
Nominal IndexGetwell Healthcare Private Limited v. Dr. Santosh Sahi & Ors., 2026 LLBiz HC(DEL) 745Chief Engineer, Employees' State Insurance Corporation v. Enarch Consultants Pvt. Ltd., 2026 LLBiz HC(DEL) 737U.P. State Highways Authority v. M/s Abhijeet Meerut Karnal Toll Road Limited, 2026 LLBiz HC(ALL) 58Triveni Adhesive and Tapes & Ors. v. The New India Assurance Company Limited, 2026 LLBiz HC(ALL) 56Fomento Commodities PTE. Ltd. v. Fedders Electric & Engineering Ltd., 2026 LLBiz...
Certified Copy Without Arbitrators' Signatures Is Not a 'Signed Copy' Under Arbitration Act: Calcutta High Court
The Calcutta High Court has ruled that a certified copy of an arbitral award carrying only a third-party certification that the original was signed, without reproducing the arbitrators' signatures, does not amount to delivery of a "signed copy" under Section 31(5) of the Arbitration and Conciliation Act, 1996. Without such delivery, the limitation period for challenging the award under Section 34 does not begin, making an execution petition for its enforcement premature.A single bench of Justice...
Arbitral Award Can Be Executed Anywhere In India Where Decree Can Be Enforced: Punjab And Haryana High Court
The Punjab and Haryana High Court has recently ruled that an arbitral award can be executed before any court where the judgment debtor's assets are located and is not restricted to the place where the award was passed. Dismissing a writ petition filed by the Union of India and others against Triveni Constructions, Justice Jasgurpreet Singh Puri observed that once an arbitral award is made, the arbitrator's mandate comes to an end and the award is not the decree of any particular court. ...
Arbitral Tribunal Can Pass Interim Award Without Framing Issues Or Separate Plea: Bombay High Court
The Bombay High Court has ruled that an arbitral tribunal can pass an interim award at any stage of the proceedings on any matter it is empowered to finally decide, even if no formal issue has been framed or a separate application seeking such an award has been filed. Justice N.J. Jamadar observed that the decisive question is whether the parties are in dispute over a matter that the arbitral tribunal is required to finally determine, and not whether a formal issue has been settled for...
Appeals Against Award Satisfaction Orders Limited To Grounds U/S 37 Of Arbitration Act: Bombay High Court
The Bombay High Court on 20 July held that orders recording satisfaction of arbitral awards can be challenged only if they fall within the categories specifically provided under Section 37 of the Arbitration and Conciliation Act, 1996. A Division Bench of Justices Bharati Dangre and Manjusha Deshpande dismissed the commercial appeals filed by Reliance Asset Reconstruction Co. Ltd. against Hiroo Hotchand Advani, holding that the Arbitration and Conciliation Act provides a complete appellate...
Foreign Seat Of Arbitration Alone Doesn't Oust Indian Courts' Jurisdiction To Grant Interim Relief: Karnataka High Court
The Karnataka High Court has ruled that merely choosing a foreign seat of arbitration does not, by itself, prevent Indian courts from granting interim relief under Section 9 of the Arbitration and Conciliation Act, 1996. It observed that excluding the jurisdiction of Indian courts requires an express agreement between the parties.Justice M.G.S. Kamal observed, "Therefore, mere existence of an arbitration clause providing place of arbitration outside India itself cannot be construed as ''an...
LiveLawBiz Arbitration Cases Monthly Digest: July 2026
Supreme CourtSupreme Court Refuses To Interfere With Ruling Holding Paytm-Nightstay GST ITC Dispute ArbitrableCase Title : NASR ULLAH KHAN VERSUS ONE97 COMMUNICATIONS LIMITED & ORS.Case Number : Petition(s) for Special Leave to Appeal (C) No(s). 23694/2026Citation : 2026 LLBiz SC 245The Supreme Court has refused to interfere with a District Judge's ruling holding that a dispute over One97 Communications Ltd's (Paytm) claim seeking refund of ₹99 lakh from Nightstay Travels Pvt Ltd and...