ARBITRATION
Supreme Court Issues Notice On Prasar Bharati's Plea In Cricket Broadcast Rights Dispute With Stracon India
The Supreme Court on Friday issued notice on a Special Leave Petition filed by Prasar Bharati challenging a Delhi High Court judgment holding that it was contractually obliged to provide 135 days of international cricket under the Global Rights Agreement. The High Court had partly upheld an arbitral award in favour of Stracon India Ltd. while reducing the compensable shortfall from 17 days to seven. Pending adjudication of the petition, the Court permitted Stracon India Ltd to withdraw a...
Delhi High Court Sets Aside Arbitral Award Rejecting Spectrum Power's GST Refund Claim Against GAIL
The Delhi High Court has set aside an arbitral award rejecting Spectrum Power Generation Limited's claim for refund of GST reimbursed to GAIL (India) Limited under a Gas Sale Agreement, holding that the award suffered from patent illegality.The court held that GAIL was required to independently establish that it had deposited GST and that the arbitral tribunal could not rely on disputed tax payment receipts without first deciding their admissibility.Justice Avneesh Jhingan observed, "In the...
Settled Disputes Cannot Be Revived Without Express Reservation Of Future Claims: Delhi High Court
The Delhi High Court on 23 July held that parties cannot reopen issues settled through a settlement agreement after acting upon the settlement without reserving any future claims, as such a course would undermine certainty, consistency and finality in disputes. Justice Tushar Rao Gedela upheld an arbitral award granting Atlanta Infra Assets Limited a 53-day extension of the concession period for the Nagpur-Kondhali section of National Highway-6 in Maharashtra, including an additional 28 days...
Arbitration Initiated by Liquidator Without Prior NCLT Approval Isn't Void: Bombay High Court
The court ruled that an arbitration notice issued by a liquidator before obtaining NCLT approval became effective only after permission was granted
Supreme Court Refuses To Interfere With Arbitrator Appointment In Adani-GSECL Coal Mining Tender Dispute
The Supreme Court on Friday refused to interfere with the Gujarat High Court's judgment appointing a sole arbitrator to adjudicate disputes between Adani Enterprises Ltd. and Gujarat State Electricity Corporation Ltd. (GSECL) arising out of the cancellation of a coal mining tender.A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva dismissed GSECL's challenge to the Gujarat High Court's judgment of January 30, 2026, appointing Justice R.P. Dholaria (Retd.) as the sole...
Report Of Expert Board Constituted By Consent Cannot Be Executed As Arbitral Award: Delhi High Court
The Delhi High Court has held that an expert board constituted through consent orders to determine service charges cannot be treated as an arbitral tribunal merely because the parties agreed to its constitution. It ruled that the Board's report, which contained recommendations, could not be treated as an arbitral award, decree or any other executable instrument. Justice Harish Vaidyanathan Shankar dismissed an execution petition filed by the South Delhi Municipal Corporation (SDMC), which...
Karnataka High Court Upholds Arbitral Award Cancelling JDA Over Mutual Breach By Developer And Landowners
The Karnataka High Court has upheld an arbitral award cancelling a Joint Development Agreement (JDA) between Fortuna Constructions (India) Pvt. Ltd. and a group of landowners for a residential apartment project in Bengaluru. It held that the arbitral tribunal was justified in refusing specific performance after finding that both sides had failed to fulfil their contractual obligations. A bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha observed that the tribunal had not decided...
Supreme Court Refuses To Interfere With Ruling Holding Paytm-Nightstay GST ITC Dispute Arbitrable
The 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 others under an Assignment Deed is arbitrable. It dismissed a Special Leave Petition filed by Nightstay App founder and former Nightstay Travels Pvt Ltd director Nasr Ullah Khan challenging the March 13, 2026 judgment of the District Judge (Commercial), Patiala House Courts, New Delhi. The...
Madras High Court Sets Aside Part Of Arbitral Award Against Tuticorin Port Trust Over Water Charges
The Madras High Court has partly set aside an arbitral award that held Tuticorin Port Trust (now V.O. Chidambaranar Port Trust) liable to pay water charges under the "Other Beneficiaries" category from December 1, 2002. The dispute arose between the Port Trust and the Tamil Nadu Water Supply and Drainage Board (TWAD Board).A division bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi held that the award suffered from patent illegality. It found that the arbitrator failed to...
Fresh Employment Agreement Doesn't Automatically End Arbitration Clause In Earlier Contract: Bombay High Court
The Bombay High Court has recently held that execution of a fresh employment agreement does not, by itself, extinguish an arbitration agreement contained in an earlier contract. It observed that whether the earlier contract stood completely substituted depends on the parties' intention, which must be gathered from the overall transaction rather than from the later agreement alone.Justice Amit Borkar delivered the ruling while partly allowing a petition filed by Sarla Advantech Private Limited...
Arbitrator Must Consider 3-Yr Deeds To Fix Land Value Under 2013 Land Acquisition Act: Uttarakhand High Court
The Uttarakhand High Court on 19 June held that an arbitral tribunal cannot determine the market value of acquired land under Section 26(1)(b) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, unless it follows the statutory methodology of considering registered sale deeds executed during the three years immediately preceding the proposed acquisition and identifies the transactions relied upon. Justice Ravindra Maithani upheld the...
MSCS Act Arbitral Awards Executable Under Act After 2023 Amendment, Not Arbitration Law: Madras High Court
The Madras High Court has upheld execution proceedings initiated by a Sales Officer appointed by the Central Registrar to enforce an arbitral award passed under the Multi-State Co-operative Societies Act, 2002, holding that where the Act itself provides the procedure for execution, the Arbitration and Conciliation Act, 1996, does not govern the process.Justice P.B. Balaji dismissed a civil revision petition filed by T.K. Kares, the judgment-debtor, who had challenged the execution proceedings...