ARBITRATION
Delhi High Court Says Advance Service Mandatory For Fair Hearing In Second Plea Over Nagpur Logistics Park
The Delhi High Court on 1 September dismissed a second petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by DC Multi Modal Park Pvt. Ltd., after noting that the company had obtained a status quo order without advance-serving the successful bidder, even though it had the bidder's complete contact details.Justice Tushar Rao Gedela held that advance service in proceedings seeking interim relief is essential to ensure that parties who may be affected by an order get...
Once Referred To Arbitration Suit Cannot Remain Pending Before Civil Court: Calcutta High Court
The Calcutta High Court on 31 August held that once a civil court refers parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, the suit does not remain pending before the civil court. A Division Bench of Justices Sabyasachi Bhattacharyya and Sandip Kumar De allowed an appeal by Badri Narayan Bhatter and another, restored a partition suit and directed the Trial Court to appoint a Receiver for the disputed Kolkata property. The judges held: “...Section 8 of the...
Bombay High Court Restrains Former Licensee From Using 'Mount Litera Zee School' Mark Pending Arbitration
On 1 September, the Bombay High Court restrained a Dehradun-based school from using the “MOUNT LITERA ZEE SCHOOL” and “MLZS” marks and the MLZS Program pending arbitration.Justice Amit Borkar partly allowed a petition filed by Zee Learn Limited seeking interim relief against Pragati Shiksha Shrot Trust, Dehradun, pending arbitral proceedings. He held that a former licensee cannot continue using a licensor's mark after termination of the licence agreements. He observed:“Pending commencement and...
LiveLawBiz Arbitration Cases Monthly Digest: August 2026
NOMINAL INDEXSantosh Associate Private Limited v. Haryana State Industrial and Infrastructure Development Corporation Ltd., 2026 LLBiz SC 277 Central Depository Services (India) Limited v. Daksha Narendra Bhavsar & Anr., 2026 LLBiz SC 268 National Projects Construction Corporation Ltd. v. Ishvakoo (India) Pvt. Ltd., 2026 LLBiz SC 266 Rajasthan Rajya Vidyut Utpadan Nigam Ltd. v. Parsa Kente Collieries Limited, 2026 LLBiz SC 262 KKH Finvest Pvt. Ltd. and Another v. Ashiesh Shukla and...
India's “Abeyance” Of Indus Waters Treaty With Pakistan Impermissible: Permanent Court of Arbitration
On 31 August 2026, the Permanent Court of Arbitration at The Hague, held that India's decision to keep the 1960 Indus Waters Treaty “in abeyance” did not suspend or terminate the Treaty. It remains fully in force and India remains bound by its obligations under it. A five-member Court comprising Professor Sean D. Murphy (Chair), Professor Wouter Buytaert, Professor Jeffrey P. Minear, Judge Awn Shawkat Al-Khasawneh and Dr Donald Blackmore delivered the decision. It observed: “....the Court...
Delhi High Court Orders Forensic Audit To Trace Alleged Fortis Share Dissipation In Daiichi Arbitration Case
On 31 August, the Delhi High Court ordered a comprehensive forensic audit into the alleged dissipation of assets involving Fortis Healthcare Limited (FHL), its former promoters Malvinder Mohan Singh and Shivinder Mohan Singh, their downstream entities, and 17 banks and financial institutions. Justice Subramonium Prasad directed S Ramanand Aiyar & Co. to reconstruct the chain of transactions involving Fortis shares, identify the persons and entities involved, and examine whether Court orders...
Supreme Court To Examine Arbitral Tribunal's Power To Grant Interim Monetary Relief On Disputed Claims
The Supreme Court on Tuesday, 1 September, said it would examine whether an arbitral tribunal can grant interim monetary relief on disputed claims under Section 17 of the Arbitration and Conciliation Act, 1996. A Bench of Justices P.S. Narasimha and Alok Aradhe issued notice on Larsen & Toubro Ltd.'s challenge to a Delhi High Court judgment which set aside an interim direction requiring India International Convention and Expo Centre Ltd. (IICECL) to release approximately Rs. 227 crore to...
Karnataka High Court Allows Villa Buyer To Place RTI Records In Award Challenge Over Occupancy Certificate
The Karnataka High Court on 25 August partly allowed villa buyer A.R. Krishnamani's petition and set aside an order of the Bengaluru Additional City Civil and Sessions Judge refusing to take on record Right to Information (RTI) replies and other official documents concerning a disputed occupancy certificate. Justice Suraj Govindaraj held that a party challenging an arbitral award on the ground of fraud can produce additional evidence before a Court exercising jurisdiction under Section 34 of...
Executing Court Cannot Reject Award Where Parties Mutually Nominated Arbitrator: Kerala High Court
The Kerala High Court on 4 August held that an executing court cannot refuse to enforce an arbitral award on the ground of unilateral appointment of the arbitrator when the parties themselves had mutually nominated the arbitrator in their agreement. Justice Easwaran set aside an order of the Additional District Court, Kozhikode, which had dismissed an execution petition filed by Hedge Finance Limited to enforce an arbitral award for Rs. 3.47 lakh with 18% interest against Sangeetha A.V. The...
Arbitrator Can Award Escalation For Employer-Caused Delay Without Contractual Clause: J&K High Court
On 29 August, the High Court of Jammu & Kashmir and Ladakh held that an Arbitrator can award escalation for delay attributable to the employer even when the contract does not contain a 'Price Escalation Clause'. Justice Shahzad Azeem upheld an arbitral award of Rs. 21.19 lakh in favour of a contractor, finding that the Arbitrator had based the escalation award on the Department's default in supplying construction material and supported the finding with evidence. The Bench held: “The...
LiveLawBiz Arbitration Cases Weekly Digest: August 24 - August 29, 2026
NOMINAL INDEXShri Jankiraman Maharaj v. National Highway Authority of India and Others, 2026 LLBiz HC (MP) 60 Moshers v. Shri Mittal Agritech Pvt. Ltd., 2026 LLBiz HC (MP) 61 Sugat Jain v. Amit Jain & Anr. (with connected matter), 2026 LLBiz HC (DEL) 889 August Purple Services Private Limited & Anr. v. Axis Trustee Services Limited & Ors., 2026 LLBiz HC (DEL) 891 General Manager Telecom District Bharat Sanchar Nigam Ltd v. Micro and Small Enterprises Facilitation Council and...
Delhi HC Sets Aside Single Judge's Arbitrator Appointment In International Arbitration, Says SC Has Power
On 20 August, a Division Bench of the Delhi High Court set aside a Single Judge's order appointing a retired Supreme Court judge as sole arbitrator to resolve disputes between August Purple Services Private Limited, Axis Trustee Services Limited and other parties, after both sides agreed that the arbitration was an international commercial arbitration. Justices C. Hari Shankar and Vinod Kumar observed that an arbitration becomes an international commercial arbitration where one of the parties...