ARBITRATION

LLP Agreement Need Not Contain Arbitration Clause For Unresolved Partner Disputes: Bombay High Court
On 4 November, the Bombay High Court held that disputes between partners of a Limited Liability Partnership (LLP) can be referred to arbitration even in the absence of an express arbitration clause, provided they arise out of the LLP agreement and cannot be resolved under its terms. Justice S.M. Modak allowed a petition filed by Prashant Vinod Vaghasiya and Nirmala Vinod Vaghasiya under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed a sole arbitrator to resolve...

Delhi High Court Remands ₹33.76 Crore Metro Arbitration Dispute Over Unexamined Objections
The Delhi High Court on 2 November allowed C.P. & Associates Pvt. Ltd.'s appeal against the dismissal of its challenge to an arbitral award arising from a Rs. 33.76 crore Delhi Metro construction contract with Delhi Metro Rail Corporation Ltd. (DMRC). A Bench of Justices Avneesh Jhingan and Shail Jain held that courts examining challenges to arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996, must consider the specific objections raised by parties while...

Can Arbitrator Publish Award After President Signs Warrant Appointing Him High Court Judge? Supreme Court To Examine
The Supreme Court has recently agreed to examine whether an arbitrator could publish an arbitral award after the President had signed the warrant appointing him as an Additional Judge of the Calcutta High Court, with the appointment notification published a day before the award.The challenge is against the Calcutta High Court's August 12, 2026 , order, which rejected Acumen Marketing's objection to the arbitrator's competence, holding that the arbitral award was passed at 2 PM on...

Karnataka High Court Refers Exotel-Allin Call Acquisition Dispute To Arbitration In Bengaluru
The Karnataka High Court on 14 October referred to arbitration a dispute between Exotel Techcom Private Limited and former shareholders of Allin Call Research and Solutions Private Limited over alleged violations of a Share Purchase Agreement executed during Exotel's acquisition of the company. Justice H.T. Narendra Prasad allowed a petition filed by Exotel and Allin Call under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator. The...

Delhi High Court Refers JW Marriott Licensing Dispute Between Light Lake, Aria Hotels To Arbitration
The Delhi High Court, on 4 November, referred a commercial licensing dispute between Light Lake Enterprises Private Limited and Aria Hotels and Consultancy Services Private Limited, concerning premises at JW Marriott Hotel, Delhi Aerocity, to arbitration. Justice Manoj Jain appointed former Delhi High Court Judge Justice Chander Shekhar as the sole arbitrator, leaving all questions concerning the parties' claims, objections and the arbitrability of the dispute open for adjudication. The Bench...

Credit Card Use Can Amount To Acceptance Of Arbitration Clause Even Without Signature: Bombay High Court
The Bombay High Court has held that a credit cardholder's use of a credit card can amount to acceptance of the Cardholder Agreement, including its arbitration clause, even if the credit card application does not bear the cardholder's physical or digital signature. Justice Amit Borkar was considering four applications filed by Kotak Mahindra Bank seeking reference of disputes with four credit cardholders to arbitration. “...the court finds that there is prima facie material to show that the...

Revenue Recovery Officer Cannot Decide RERA Certificate Rectification Pleas: Allahabad High Court
The Allahabad High Court, on 30 October, held that a Revenue Recovery Officer of the Real Estate Regulatory Authority (RERA) cannot decide applications seeking rectification of recovery certificates, as the power to pass a final decision rests with the Secretary, RERA. The officer can only hear the parties and submit a report or proposal to the Secretary. Justice Jaspreet Singh allowed petitions filed by the developer of Golf View Apartments, challenging orders passed by the Revenue Recovery...

Madras High Court Holds Former Developer Qualifies As RERA Allottee For Subsequent Apartment Purchase
The Madras High Court has held that an agreement to purchase an apartment cannot be treated as a commercial transaction merely because the buyer had earlier agreed to develop the same property. It held that the buyer qualified as an allottee under the Real Estate (Regulation and Development) Act, 2016 (RERA). Justice P.B. Balaji observed, “A careful consideration of the above clearly bring the petitioner within the definition of 'allottee', under Section 2 of RERA, I am unable to see how the...

Delhi High Court Sets Aside Award Applying Maharashtra Stamp Act To Religare-Zee Loan Agreements
On November 2, the Delhi High Court set aside an interim arbitral award holding that four loan agreements between Religare Finvest Limited and Zee Group companies attracted stamp duty of Rs. 100 each under Maharashtra law. Justice Om Prakash Shukla held that loan agreements signed by borrowers in Mumbai but executed by the lender in New Delhi attract stamp duty under the Indian Stamp Act, 1899, as applicable in Delhi, and not the Maharashtra Stamp Act, 1958. The Bench said: “Although the...

Bombay High Court Refuses EuroChem Plea To Freeze Tecnimont Assets Over RUB 171 Billion Russian Decree
The Bombay High Court on 29 October dismissed an appeal filed by EuroChem North-West-2 against the refusal to freeze the Indian assets of Italian engineering company Tecnimont, following a Russian court judgment awarding the former approximately RUB 171.12 billion. A Division Bench of Justices Bharati Dangre and Manjusha Deshpande held that a foreign judgment does not automatically entitle a party to interim protection in India and that the requirements for granting an injunction must be...

Gujarat High Court Flags Underrepresentation Of Women Arbitrators, Urges Wider Representation
The Gujarat High Court has urged parties, lawyers and arbitral institutions to widen the pool of arbitrators to include more qualified women and technical experts, flagging their underrepresentation in court-appointed arbitrations. The court cited an October 2026 NALSAR study, which found that women accounted for only 29.97% of appointments for which gender was recorded, while technical experts made up just 3.10% of appointments for which professional backgrounds were recordedA Single Bench of...

LiveLawBiz Arbitration Cases Monthly Digest: October 2026
Supreme Court Supreme Court Quashes Cheating Case Against Ex-Darjeeling Organic Tea Estates CEO Over ₹40 Lakh DealCase Title Indroneel Goho v. Razouvonuo Thong & Anr.Case Number Criminal Appeal arising out of SLP (Criminal) No. 10621 of 2025; 2026 INSC 1115Citation 2026 LLBiz SC 337The Supreme Court has quashed cheating proceedings against Indroneel Goho, who was serving as Chief Executive Officer of Darjeeling Organic Tea Estates Private Limited at the time of a transaction involving...
