Arbitration Agreement Inferred From Invoices & Conduct Despite No Clause In Purchase Orders: Bombay High Court

The Bombay High Court on 5 May held that an arbitration agreement can be inferred even in the absence of an express arbitration clause in the original purchase orders, where subsequent contractual documents and the conduct of the parties indicate a clear intention to arbitrate. Justice Sandeep V. Marne allowed a Section 11 application by Hitesh Coal Traders and appointed Advocate Suyash Gadre as the sole arbitrator to adjudicate disputes with Indapur Dairy & Milk Products Ltd. arising from...

Arbitration Clause Signed By Only One Party Invalid, Award Unenforceable: Delhi High Court

The Delhi High Court on 5 May held that an arbitration clause contained in a document signed by only one party does not constitute a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996, in the absence of material demonstrating mutual consent to arbitrate. A Division Bench of Justices Anil Kshetarpal and Amit Mahajan further held that an arbitral award founded on such a defective agreement is a nullity and incapable of execution and upheld the Executing...

Dubai International Financial Centre Courts Says It Can Grant Asset Freeze Orders After Foreign Arbitration Awards

The Dubai International Financial Centre (DIFC) Court of First Instance has held that the DIFC Courts can grant freezing orders to help enforce foreign arbitral awards even after the arbitration proceedings have ended. “The words 'current or future' do not limit the scope of the ancillary jurisdiction which is granted to the DIFC Courts in relation to arbitral proceedings,” H.E. Justice Roger Stewart KC said while interpreting Article 15(4) of the DIFC Court Law. The court said the phrase...

Claims Not Part Of Insolvency Resolution Plan Cannot Be Revived Through Arbitration: Delhi High Court

The Delhi High Court has held that claims that are not part of an approved insolvency resolution plan cannot later be revived through arbitration. Justice Harish Vaidyanathan Shankar observed: “Once the corporate insolvency resolution process attains finality within the statutory framework contemplated under the IBC, the claims of all stakeholders stand crystallized and are thereafter governed exclusively by the terms of the Resolution Plan. Such claims cannot be revived, re-agitated, or...

Unenforceable Foreign Arbitral Award Does Not Extinguish Original Cause Of Action: Delhi High Court

The Delhi High Court has reiterated that a foreign arbitral award that has been found unenforceable in India does not extinguish the original civil claim between parties, while restoring a recovery suit filed by a U.S.-based almond supplier. A Division Bench of Justice Anil Kshetarpal and Justice Amit Mahajan held, “the cause of action for recovery of the amount claimed does not cease to exist merely because a foreign arbitral award has been passed, particularly when such award has been held to...

Karnataka High Court Allows Alternate Security In Arbitral Award Execution Despite Finality Of Stay Condition

The Karnataka High Court has held in an arbitral award execution matter that courts can modify conditions imposed while granting a stay, even if such conditions have attained finality, to secure the ends of justice. Justice H. T. Narendra Prasad observed: “While the condition imposed earlier has attained finality, the same does not preclude this Court from moulding the relief in execution proceedings so as to secure the ends of justice, particularly when adequate alternative security is...

Karnataka High Court Dismisses AVTEC Appeal, Holds Unilateral Appointment Of Sole Arbitrator Invalid

The Karnataka High Court on 29 April dismissed an appeal filed by AVTEC Limited and upheld the Commercial Court's order setting aside an arbitral award. A Division Bench of Justices Anu Sivaraman and T.M. Nadaf held that parties cannot permit unilateral appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996, and also ruled that a party which participates in arbitration without objection cannot later dispute jurisdiction. It observed: “The appellant having...

Madras HC Refuses To Strike Off Suit In Dispute Over 49th South India Motor Rally Despite Arbitration Clause

The Madras High Court has refused to strike off a civil suit over disputes relating to a motorsports event, including the 49th South India Rally, holding that the existence of an arbitration clause does not by itself bar the jurisdiction of a civil court. “Further, the existence of an arbitration clause does not ipso facto bar the jurisdiction of the Civil Court unless the procedure contemplated under the Section 8 of the Arbitration and Conciliation Act, 1996 is duly invoked before the...

Madras High Court Paves Way for Release of Gautham Vasudev Menon's Dhruva Natchathiram Subject To Conditions

The Madras High Court recently permitted the release of Dhruva Natchathiram, a Gautham Vasudev Menon directorial, subject to the condition that pre-release payments be made to creditors and that all revenues from the film be routed through a court-monitored bank account. The film, which stars Chiyaan Vikram in the lead role, has been delayed by nearly eight years since it was first slated for release. The injunction had originally been obtained in 2023 by two parties to the production...

Madhya Pradesh HC Upholds Continuation Of Court-Granted Interim Relief After Arbitral Tribunal Formation

The Madhya Pradesh High Court has upheld an interim order restraining parties from alienating disputed property in an arbitration matter and held that the interim injunction shall continue during the pendency of arbitration proceedings. “we are of the view that the learned trial Court was right in exercising its jurisdiction under Section 9 of the Act, 1996 considering the fact that the sole arbitrator was appointed and arbitral tribunal was constituted after the learned trial Court had applied...

Withdrawn Claim Cannot Be Revived In Arbitration: Delhi HC Upholds Setting Aside Of Award Against Omaxe

The Delhi High Court has upheld an order setting aside an arbitral award that granted buyers of a commercial unit about ₹1.05 lakh per month as assured returns from Omaxe Limited, after finding that the arbitrator had granted relief on a claim that was no longer part of the arbitration. Explaining why, a Division Bench of Justices V. Kameswar Rao and Vinod Kumar held that the arbitrator “erred in awarding the AMR as compensation as it was beyond his jurisdiction,” noting that once the claim was...

West Asia Hostilities No Ground: Delhi HC Dismisses SpiceJet Review Plea Against ₹144.51 Crore Deposit Order

The Delhi High Court on Monday dismissed review petitions filed by SpiceJet Ltd and its promoter Ajay Singh, refusing to modify its March 18, 2026 order and grant further time, thereby requiring compliance with directions to deposit ₹144.51 crore in an arbitration dispute with Kal Airways Pvt. Ltd. Justice Subramonium Prasad held that subsequent developments such as the outbreak of hostilities in West Asia cannot be used to avoid compliance with binding judicial directions or as a ground for...