ARBITRATION
Delhi High Court Allows NHPC To Pursue Delayed Challenge To Parbati Project Arbitral Award
The Delhi High Court has allowed NHPC Limited to pursue a delayed challenge to an arbitral award arising from works executed for the Parbati Hydroelectric Project, after accepting its explanation for the time spent litigating before courts later found to lack territorial jurisdiction.Justice Subramonium Prasad noted that NHPC approached the Delhi High Court within 30 days of the Supreme Court settling the jurisdiction question. The court also took into account that NHPC first had to obtain the...
Arbitration Award Challenge Not Inadmissible Solely For Lack Of Condonation Of Delay Plea: Allahabad High Court
The Allahabad High Court has recently reiterated that a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act does not become not maintainable merely because it is not accompanied by a separate application seeking condonation of delay. The court said what matters is whether the party has, in the petition itself, set out reasons for the delay or sought the benefit of limitation law, and whether the court has applied its mind to those pleadings. Justice...
Delhi High Court Refuses To Recall Arbitrator Appointment In Vedanta–Gujarat State Petroleum Corporation Dispute
The Delhi High Court has rejected Gujarat State Petroleum Corporation Ltd.'s claim that it lacked jurisdiction to appoint an arbitrator in its dispute with Vedanta Limited, after GSPC argued that a foreign joint venture partner had been deliberately left out of the proceedings. Justice Subramonium Prasad held that the jurisdictional objection, which was raised through a recall application, could not be examined at this stage because the arbitral tribunal is still considering whether Vedanta's...
Mere Conduct Of Arbitration Under DIAC, By Itself, Doesn't Make Delhi The Seat: Delhi High Court
The Delhi High Court on Tuesday set aside a district court order that refused to hear a challenge to an arbitral award. It held that arbitration conducted under the aegis of the Delhi International Arbitration Centre does not, by itself, make Delhi the seat of arbitration. The Court said that where no seat is expressly designated, courts where a part of the cause of action arises can exercise jurisdiction. Once a competent court is approached first, Section 42 requires that all further court...
Madras High Court Upholds ₹48.77 Lakh Award Against Angel One Over Illegal Squaring Off Of Client's Shares
The Madras High Court has upheld an arbitral award directing Angel One Limited to pay Rs 48.77 lakh with interest to its client, holding that the squaring off of shares by the broker was illegal. The court found no ground to interfere with the award under the limited scope of a challenge to an arbitral decision. Justice N. Anand Venkatesh said the sole arbitrator's conclusion was based on a proper appreciation of evidence. The court made clear that it could not re-examine the merits merely...
Delhi High Court Allows IIM Jammu's Impleadment In Arbitration-Linked Dispute Over Jagti Campus Construction
The Delhi High Court recently allowed IIM Jammu to be impleaded in arbitration-related proceedings over the construction of its permanent campus at Jagti, despite the institute not being a signatory to the arbitration agreement.The order, pronounced by Joint Registrar Deepak Dabas, held that the institute is a necessary party because it is the ultimate beneficiary of the premises and of all acts or omissions of the contractor. He held,"I am of the considered view that IIM Jammu is entitled of...
Individual Members Can't Stall Housing Society Redevelopment: Bombay High Court Reaffirms
The Bombay High Court has held that an individual member of a cooperative housing society cannot refuse to vacate her flat and delay redevelopment after the society has approved the project and executed a development agreement. Justice Sandeep V. Marne reiterated members are bound by the development agreement signed by the society. "The individual members of the Co-operative Society are bound by covenants in the Development Agreement executed by the Society with the Developer and individual...
Arbitration Cases Weekly Round-Up: 19th January-25th January 2026
Nominal Index1. Prakash Atlanta (JV) vs National Highways Authority of India, 2026 LLBiz SC 172. Jan De Nul Dredging India Pvt. Ltd. v. Tuticorin Port Trust, 2026 LLBiz SC 153. E-City Real Estates Pvt Ltd & Anr. vs IMAX Corporation & Ors., 2026 LLBiz SC 224. Steel Authority Of India Ltd. v. M/S R Haranadha Reddy, 2026 LLBiz HC (MP) 95. Maverick Developer And Colonizers Pvt. Ltd. v. Project Officer, 2026 LLBiz HC (MP) 86. Ashutosh Infra Pvt. Ltd. v. Pebble Downtown India Pvt. Ltd....
Status Quo Ante Means Restoration, Can't Be Ordered Lightly: Andhra Pradesh High Court
The Andhra Pradesh High Court has recently set aside an ad interim order passed during arbitration proceedings that directed restoration of possession of leased premises, holding that such relief amounts to a mandatory injunction and cannot be granted lightly. A Division Bench of Justice Ravi Nath Tilhari and Justice Maheswara Rao Kuncheam said courts must record clear and justifiable reasons before directing restoration of an earlier state of affairs. "Such orders of „status quo ante‟ are...
Interim Relief Can't Undo Completed Sale Or Replace Enforcement In Arbitration: Bombay High Court
The Bombay High Court has dismissed a plea seeking to stop the sale of a vessel and secure an arbitral award, holding that once a sale is completed, the court cannot restrain the transaction or use interim relief to indirectly enforce an award. Justice Sandeep V. Marne said interim protection under the arbitration law is meant to prevent imminent dissipation of assets. It cannot be used to undo a concluded transaction or as a substitute for enforcement proceedings. “The sale of the Ship has...
Arbitral Tribunal Is A 'Creature of Contract': Delhi High Court Upholds ₹25 Lakh Award To Carlsberg
The Delhi High Court has upheld an arbitral award directing Pali Hills Breweries Pvt. Ltd. to pay Rs 25 lakh to Carlsberg India Private Limited under a brewing contract, while partly allowing the company's challenge by setting aside the arbitrator's rejection of its storage-rent claim. The court held that the amount was a genuine estimate of loss agreed to by the parties. Justice Jasmeet Singh said the High Court could not step in to re-decide the dispute or re-examine the evidence. He said...
Appellate Courts Cannot Disturb Arbitral Awards Merely To Permit A Different View, Supreme Court Reiterates
The Supreme Court, recently, set aside a Madras High Court order that had deleted compensation awarded to a dredging contractor and reiterated that appellate courts cannot interfere with arbitral awards merely because they prefer a different interpretation of the contract. A Bench of Justice Pamidighantam Sri Narasimha and Justice Pankaj Mithal held that courts hearing appeals in arbitration matters have a narrow and limited role. Once an arbitral award has been examined and found free from...