Arbitral Award Executable Against SPV Members Not Party To Proceedings: Allahabad High Court

The Allahabad High Court on 9 April held that members of a special purpose vehicle (SPV) fall within the expression “persons claiming under them” under Section 35 of the Arbitration and Conciliation Act, 1996, and allowed arbitral awards to be executed against them even if they were not parties to the arbitration proceedings. Justice Pankaj Bhatia delivered the ruling while dismissing petitions challenging execution proceedings initiated by Adani Enterprises Ltd. against shareholders of an SPV...

Reconstructed Record Gaps No Ground To Set Aside Award: Tripura High Court

The Tripura High Court on 1 April, held that a Court hearing a challenge to an arbitral award cannot rely on gaps in a reconstructed record to question the Arbitrator's findings or the existence of material that was before the Arbitrator at the time of adjudication. A Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Bishawajit Palit set aside the Commercial Court's order, and upheld the arbitral award. They held: “...merely because they were not found in the reconstructed...

Sports Association Election Disputes Under Rajasthan Sports Act, 2005, Must Go Through Arbitration: Rajasthan HC

The Rajasthan High Court has recently held that disputes touching the constitution, management, or election of a sports association are required to be resolved through the statutory mechanism of conciliation and arbitration under the Rajasthan Sports (Registration, Recognition and Regulation of Association) Act, 2005, and not by invoking the writ jurisdiction of the court. A Division Bench of Justice Inderjeet Singh and Justice Ashok Kumar Jain allowed a special appeal filed by the Rajasthan...

No Damages Without Proof Of Loss: Delhi High Court Partly Sets Aside Arbitral Award Against DJB

The Delhi High Court on Monday partly set aside an arbitral award in favour of a contractor against the Delhi Jal Board (DJB), holding that damages cannot be granted on the basis of projected turnover without proof of actual loss. Justice Avneesh Jhingan held that "the award of damages in absence of evidence on record of actual loss suffered or a finding recorded that the loss suffered cannot be proved is in violation of Sections 73 and 74 of the Contract Act and against public policy. The...

Calcutta High Court Upholds CEO West Bengal Show Cause Notice In 2024 Lok Sabha Poll Webcasting Contract Dispute

The Calcutta High Court has refused to interfere with a show-cause notice issued to Pho Com Net Pvt Ltd in connection with a Rs. 25.9 crore contract for providing webcasting and live monitoring services during the 2024 Lok Sabha elections, holding that the dispute raised involves contested factual issues not suited for adjudication in writ jurisdiction. Upholding a Single Judge's decision to dismiss the company's writ petition, a Division Bench of Justices Arijit Banerjee and Apurba Sinha Ray...

Legal Representatives Have Right To Challenge Arbitral Awards That Bind Them: Supreme Court

The Supreme Court on Monday held that if an arbitral award can be enforced against the legal representatives of a deceased party, they must also have the right to challenge it under the law, holding that such representatives “step into the shoes” of the deceased for the purposes of arbitral proceedings. A bench of Justices Sanjay Karol and Vipul M. Pancholi observed that the Arbitration and Conciliation Act is a self-contained code and emphasises continuity of arbitral proceedings, particularly...

Road Ministry Pushes For Pre-Conciliation In Highway Contractual Disputes Under Vivad Se Vishwas-III Scheme

The Ministry of Road Transport and Highways has directed agencies executing highway projects to step up the use of pre-conciliation under the Vivad se Vishwas III scheme and ensure strict adherence to arbitration procedures, following a review that flagged rising interest liabilities. An office memorandum issued on April 9, 2026, records that the Ministry examined pending arbitration and court cases in March and stressed the need for compliance with its Arbitration Standard Operating Procedure...

Statutory Bar On Arbitrability Can Be Examined While Granting Interim Relief: Bombay High Court

The Bombay High Court on 16 April held that courts can examine arbitrability, including statutory bars, while deciding petitions under Section 9 of the Arbitration and Conciliation Act, 1996, especially where no Arbitral Tribunal exists.Section 9 allows a Court to grant interim protection measures before, during, or after arbitral proceedings to safeguard the subject matter of the dispute.A Bench of Justice Somasekhar Sundaresan allowed the review petitions filed by the Airports Authority of...

Section 17 Security In Tribunal Domain, Courts To Interfere Only On Perversity: Calcutta High Court

The Calcutta High Court on 1 April, held that courts can interfere with interim measures granted by an Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 only in cases of perversity or arbitrariness and affirmed that the Tribunal retains discretion to determine the quantum of security. A Bench of Justice Gaurang Kanth dismissed the appeal filed by Saltee Infrastructure Limited and upheld the Arbitrator's order dated 16 May 2025 directing furnishing of security,...

Chhattisgarh High Court Sets Aside Arbitral Award Against BSNL For Granting Interest Despite Contractual Bar

The Chhattisgarh High Court has recently set aside an arbitral award against Bharat Sanchar Nigam Limited (BSNL), holding that the arbitrator granted interest despite a clear contractual prohibition and awarded loss of profit without any supporting evidence, rendering the award legally unsustainable. Justice Bibhu Datta Guru found that the arbitrator had acted contrary to the terms agreed between the parties. The court said, “A perusal of the aforesaid clause would clearly reveal that the...

LiveLawBiz Arbitration Cases Weekly Digest: April 13- April 18, 2026

Nominal IndexVPS Healthcare Private Limited & Anr v. Prabhat Kumar Srivastava & Anr, 2026 LLBiz SC 150J&K Economic Reconstruction Agency v. Rash Builders India Private Limited, 2026 LLBiz SC 155Nagreeeka Indcon Products Pvt. Ltd. v. Cargocare Logistics (India) Pvt. Ltd., 2026 LLBiz SC 158CCDM Holdings LLC v The Republic of India S90/2025Austin Hyundai (Austin Distributors Pvt Ltd) v. Axalta Coating Systems India Pvt Ltd, 2026 LLBiz HC (DEL) 387MSA Global LLC (Oman) v. Engineering...

'May Refer To Arbitration' Clause Valid Where Agreement Shows Clear Intent: Punjab and Haryana HC

The Punjab and Haryana High Court has held that a clause in a Leave and License Agreement between Realsta Infratech Pvt Ltd and Pace Stock Broking Services Pvt Ltd constituted a valid arbitration clause, despite using the expression “may refer to arbitration," as the provision, read as a whole, reflected a clear intention to arbitrate upon failure of amicable settlement. Justice Jasgurpreet Singh Puri appointed former Delhi High Court judge Justice Talwant Singh as the sole arbitrator to decide...