ARBITRATION
No Concluded Contract, No Interim Relief: Delhi High Court Dismisses Developer's Plea Against ARCIL
The Delhi High Court has dismissed Parsvnath Developers' plea seeking enforcement of an alleged Rs. 750 crore restructuring agreement against Asset Reconstruction Company (India) Limited, holding that courts cannot compel parties to honour a settlement that never matured into a concluded contract. Justice Jasmeet Singh held that the draft restructuring agreement remained at a negotiatory stage. Although drafts were exchanged, essential terms were unsettled. The schedules were marked preliminary...
Jurisdiction Clause In Umbrella Agreement Prevails Over Later Contract: Delhi High Court
The Delhi High Court has recently ruled that when an umbrella agreement fixes a venue in one city but expressly confers jurisdiction on courts in another, the jurisdiction clause will prevail unless the parties clearly alter the juridical seat for the entire transaction. Dismissing two petitions filed by Ansal Housing Limited seeking interim relief under the Arbitration and Conciliation Act, 1996, Justice Harish Vaidyanathan Shankar ruled that courts at Meerut, and not Delhi, had territorial...
Arbitration Act Is Self-Contained Code; Civil Revision Not Maintainable Where Appeal Lies: Patna High Court
The Patna High Court has reaffirmed that a civil revision under Section 115 of the Code of Civil Procedure does not lie against such an order passed under the Arbitration and Conciliation Act, 1996 where the statute provides a specific appellate remedy. The Court held that the Arbitration Act is a self-contained code and that Section 37 exhausts the appellate remedies. Justice Ramesh Chand Malviya observed, “It is settled principles of law that the Arbitration and Conciliation Act, 1996 being...
Arbitral Award Holders Can Seek Interim Protection Until Award Is Fully Satisfied: Calcutta High Court
The Calcutta High Court on 18 February, held that an arbitral award holder is not left remediless after initiating enforcement proceedings and may seek interim protection under Section 9 of the Arbitration and Conciliation Act until the award is fully satisfied. A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya was hearing an appeal filed by Alok Saraf and others against the EPI Group, challenging a single judge's order dated 10 September 2025, which had refused ad...
Madras High Court Quashes ₹1.10 Crore Award Against Annai Builders For "Unintelligible" Findings
The Madras High Court on 17 February set aside a Rs. 1.10 crore arbitral award passed against Annai Builders Real Estate Pvt. Ltd., holding that the arbitrator's findings were unintelligible as two disputed running bills were allowed without examining objections of duplicate claims and excess payment, and by ignoring a detailed 242-page expert report assessing actual construction progress. A Single Bench of Justice N. Anand Venkatesh held that the award suffered from perversity and patent...
Bombay High Court Upholds ₹33 Lakh Award Against Dealmoney Commodities For 'Blatantly Unauthorised' F&O Trades
The Bombay High Court has recently upheld an arbitral finding that Dealmoney Commodities Pvt Ltd executed “blatantly unauthorised” Futures and Options trades in the accounts of a retired couple, which resulted in the depletion of their investment portfolio, and restored compensation of over Rs. 33 lakh with 18 percent interest. A Single Bench of Justice Sharmila U. Deshmukh confirmed the investors' entitlement to Rs. 17,76,581 and Rs.15,32,073 respectively, with interest at 18 percent per annum...
Right To Seek Arbitration Ends Once Written Statement Stage Is Closed: Karnataka High Court
The Karnataka High Court has reiterated that a defendant cannot seek reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 after its right to file a written statement in a commercial suit has been closed, dismissing an appeal filed by real estate developer Bhagyalakshmi Homes LLP. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha upheld the Commercial Court's order rejecting the developer's plea to refer the dispute to arbitration. “It is...
Executing Court Does Not Cease To Have Jurisdiction After Allowing Execution Petition: Calcutta High Court
An executing court does not become functus officio merely because it “allows” an execution petition, the Calcutta High Court has held, clarifying that jurisdiction continues until the arbitral award is fully implemented and satisfied.Dismissing an appeal filed by India Media Services Pvt Ltd, a Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya said that allowing the execution case was “merely nominal, contemplating further steps to be taken” and that “it cannot...
Jammu & Kashmir & Ladakh High Court Upholds 12% Post-Award Interest Despite 18% Rate Under Unamended Arbitration Law
The High Court of Jammu and Kashmir and Ladakh has dismissed an appeal filed by the Union of India challenging an arbitral award that granted 12 percent post-award interest, holding that the statutory 18 percent rate under the unamended law applies only where the award is silent.A Division Bench of Justice Rajnesh Oswal and Justice Rahul Bharti dismissed an appeal filed by the Union of India challenging and award including the grant of 12 percent future interest in favour of K.K. Enterprises...
Supreme Court Refuses To Interfere With P&H HC Ruling In Talwandi Sabo–Punjab Power Arbitration Dispute
The Supreme Court has recently refused to interfere with a Punjab and Haryana High Court decision dismissing a writ petition filed by Vedanta Group company Talwandi Sabo Power Ltd against an arbitral tribunal's order that held part of its claim fell outside the scope of arbitration in its dispute with Punjab State Power Corporation Ltd (PSPCL). A bench of Justices Sanjay Kumar and K. Vinod Chandran dismissed the special leave petition. The Court said, “The special leave petition is,...
Supreme Court Refuses To Interfere With Order Denying RCF Right To Retain ₹218 Crore Deposited By Thermax In Arbitration
The Supreme Court on Monday dismissed a special leave petition filed by Rashtriya Chemicals & Fertilizers Ltd (RCF) challenging a Bombay High Court order that refused to allow it to retain Rs. 218.45 crore deposited by Thermax Ltd after an arbitral award in its favour was set aside. A bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe declined to interfere with the January 28, 2026 order of the High Court's division bench. The Court observed, “While we are not inclined to...
Pro Volleyball League Dispute: Madras High Court Upholds ₹4 Crore Award Against Volleyball Federation Of India
The Madras High Court on Tuesday refused to interfere with an arbitral award directing the Volleyball Federation of India to pay Rs.4 crore as loss of profits to Baseline Ventures, the former promoter of the Pro Volleyball League, holding that the federation's termination of the 2018 agreement was unjustified. Justice N. Anand Venkatesh held that the award dated November 21, 2020 “does not suffer from any perversity or patent illegality warranting the interference of this Court." The Court...