Australia High Court Rejects $111 Million Arbitral Award Enforcement Against India In Antrix-Devas Case

The High Court of Australia has dismissed an appeal seeking enforcement of an arbitral award of over USD 111 million against India, holding that ratifying the New York Convention does not amount to a waiver of sovereign immunity. The dispute arose from claims by Mauritian investors in Bengaluru-based Devas Multimedia Private Limited over the cancellation of a satellite spectrum deal between Antrix Corporation Limited, the commercial arm of the Indian Space Research Organisation, and Devas. ...

Andhra Pradesh High Court Sets Aside Execution In IKF Finance Case Over Unilateral Arbitrator Appointment

The Andhra Pradesh High Court on 10 April reiterated that unilateral appointment of a sole arbitrator by a finance company violated the principle of equal treatment under Article 14 of the Constitution, and set aside execution proceedings arising from an arbitral award passed for recovery of loan dues. A Division Bench of Justices Ravi Nath Tilhari and Balaji Medamalli allowed civil revision petitions filed by Katta Srinivasu and another petitioner against IKF Finance Limited, and held that the...

Commercial Arbitration Matters Must Be Heard Only By Commercial Division After 2015 Act: Calcutta High Court

The Calcutta High Court on 9 April held that once a Commercial Division is constituted under the Commercial Courts Act, 2015, non-commercial benches cease to have jurisdiction to decide commercial arbitration matters, and any judgment delivered thereafter is a nullity. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi set aside the orders passed by a Single Judge in 2020 and 2023 in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, and directed that...

Profits Earned Do Not Negate Damages Claim In Arbitration: Calcutta High Court

On Monday, 13 April, the Calcutta High Court held that earning profits does not, by itself, defeat a claim for damages arising from breach of contract and upheld the arbitral award in favour of Great Eastern Energy Corporation Limited (GEECL) A Division Bench of Justices Arijit Banerjee and Om Narayan Rai dismissed SRMB Srijan Ltd's appeal under Section 37 of the Arbitration and Conciliation Act, clarifying that damages are not limited to actual loss but also include loss of expected or...

Railways' SCR Treasury Account Not Immune To Attachment Without Proof Of Exempt Funds: Telangana High Court

The Telangana High Court has recently held that the Railways' SCR treasury account is not immune from attachment in execution proceedings in their entirety and that only specifically identifiable exempt amounts can be protected. Clarifying that exemptions under Section 60 of the Civil Procedure Code apply only to identifiable portions of funds and not entire accounts, the Court said, “It is also pertinent to note that the proviso to section 60(1) of the CPC carve-out exceptions from...

Madras High Court Dismisses Appeal Against Execution Order After Arbitral Award Attains Finality

After Jumbo World Holdings Ltd. and Dandavati Investments and Trading Company Pvt. Ltd. failed in their challenge to an arbitral award up to the Supreme Court, the Madras High Court has refused to entertain their appeal against an execution order passed in proceedings to give effect to the award, holding that such orders are not appealable under the statutory framework. The court held that orders passed in execution proceedings of an arbitral award that has attained finality neither constitute...

Supreme Court Terms Delhi HC View "Paradoxical," Says Rockland Promoters Can't Defer Consent Award Liability Till Final Appeal

The Supreme Court on Monday held that obligations undertaken by promoters of Rockland Hospitals (now Medeor Hospitals) under a consent arbitral award are immediately enforceable and cannot be deferred until confirmation by the highest court of appeal. Setting aside the Delhi High Court's judgment, the Court termed its interpretation “paradoxical” for deferring the promoters' liability until confirmation by the 'Highest Court of Appeal'. A Bench of Justices S.V.N. Bhatti and Prasanna B. Varale...

Labelling Clause As 'Arbitration' Doesn't Create Arbitration Agreement Without Mechanism For It: Punjab & Haryana HC

The Punjab and Haryana High Court has held that merely labelling a clause as “Arbitration and Applicable Laws” does not make it an arbitration agreement, refusing to appoint an arbitrator where the clause itself did not provide for the reference of disputes to arbitration. A bench of Justice Jasgurpreet Singh Puri held that Clause 8 of the Memorandum of Understanding dated January 13, 2020, executed between Rayat Educational and Research Trust and the Punjab Skill Development Mission, does not...

Karnataka HC Allows Arbitration Plea Filed By Retired Partner As It Was Not Filed As Partner Of Unregistered Firm

The Karnataka High Court has held that, in the facts of the case, a retired partner can seek to refer a dispute to arbitration to defend himself in a recovery suit, and such a plea cannot be rejected merely because the partnership firm was not registered. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha was considering an appeal challenging an order of the Commercial Court, which had refused to refer the parties to arbitration under Section 8 of the Arbitration...

Provision For Termination Of Arbitrator's Mandate Cannot Be Used To Challenge His Appointment: Telangana High Court

The Telangana High Court has recently held that Section 14 of the Arbitration and Conciliation Act, 1996 (provision for termination of an arbitrator's mandate) is a narrow provision and cannot be used to indirectly challenge the validity of an arbitrator's appointment once that issue has attained finality. Justice K. Lakshman dismissed an application filed by Galore Infratech Pvt. Ltd. under Sections 14, 15 and 11 of the Act. The company had sought termination of the arbitrator's mandate and...

LiveLawBiz Arbitration Cases Weekly Digest: April 5- April 11, 2026

Nominal Index Maharashtra State Electricity Distribution Company Limited (MSEDCL) & Ors. VS R Z Malpani, 2026 LLBiz SC 149Sujit Kumar Jaiswal v. The Managing Director, Dalmia Research International Pvt. Ltd., 2026 LLBiz HC (DEL) 339National Technical Research Organisation v. M/s Corporate Infotech Private Limited, 2026 LLBiz HC (DEL) 340Ms. Stalagmite Infracon Pvt. Ltd. v. Ms. Ashray Homes Build Well Pvt. Ltd., 2026 LLBiz HC (DEL) 349Union of India vs M/s Varindera Constructions Ltd., 2026...

No Forum To Address Arbitrator Misconduct; Courts Wary As Arbitrators Are Often Former Judges: Justice BV Nagarathna

On day two of the 5th Edition of the Indian Council of Arbitration International Conference, themed “Arbitration in the Era of Globalization,” Supreme Court judge Justice B V Nagarathna flagged a structural accountability deficit in India's arbitration framework, cautioning that courts are often reluctant to remove arbitrators accused of misconduct, particularly when they are former judges. Highlighting the absence of an independent oversight mechanism, she said, “There is no forum as such...