ARBITRATION
Court Holds Court Fee Cannot Be Retained For Non-Maintainable Appeal: Madras High Court
The Madras High Court on 6 August held that court fee paid for an appeal that is not maintainable cannot be retained by the State, as such collection would be without the authority of law and result in unjust enrichment. A Division Bench comprising Justices G.R. Swaminathan and K.K. Ramakrishnan refused to entertain J. Murugavel's appeal against Pichai, Proprietor of Vel Murugan Traders, filed under Section 37(2) of the Arbitration and Conciliation Act, 1996, challenging a final arbitral award....
Closure of Interim Pleas for Non-Payment of Arbitral Fees Not Appealable: Delhi High Court
The Delhi High Court on 18 August held that an arbitral tribunal's order closing a party's interim relief applications and counterclaim for non-payment of arbitral fees is procedural and does not amount to an order granting or refusing interim relief appealable under Section 37 of the Arbitration and Conciliation Act, 1996. Justice Om Prakash Shukla dismissed as non-maintainable the appeal filed by Orbit In-Te-Rio against American Epay Services Pvt. Ltd., while granting the former liberty to...
Foreign Award Can Be Enforced And Executed By High Court In A Single Proceeding: Madhya Pradesh HC
The Madhya Pradesh High Court on 21 August held that a foreign arbitral award can be enforced and executed by the High Court in the same proceeding without requiring a separate execution case before a subordinate court. Justice Vinay Saraf rejected the oral objections raised by Shri Mittal Agritech Pvt. Ltd. to execution of the foreign award obtained by Moshers, holding that once a foreign award is declared enforceable under Sections 47 and 48 of the Arbitration and Conciliation Act, 1996, it...
LiveLawBiz Arbitration Cases Weekly Digest: August 17 - August 23, 2026
NOMINAL INDEXSantosh Associate Private Limited v. Haryana State Industrial and Infrastructure Development Corporation Ltd., 2026 LLBiz SC 277 Union of India v. M/s ANS Construction Ltd., 2026 LLBiz HC (DEL) 851 Transtonnelstroy Afcons JV Chennai Metro Limited v. Oriental Insurance Company Limited, 2026 LLBiz HC(DEL) 848 Ratnagiri Gas and Power Pvt. Ltd. v. Dinowic Pte Ltd., 2026 LLBiz HC(DEL) 842 Bharat Heavy Electricals Ltd. v. Fitwell Constructions, 2026 LLBiz HC(DEL) 840 India Tourism...
Madhya Pradesh HC Reiterates Three-Year Limitation Law Cannot Bar Landowner's Claim Under NH Act
The Madhya Pradesh High Court on 10 August set aside an order upholding an arbitral award that had rejected a landowner's claim for enhancement of compensation for land acquired for widening National Highway No. 12. Justice Deepak Khot reiterated that the three-year limitation period under Article 137 of the Limitation Act, 1963 does not apply to statutory arbitration proceedings under Section 3G(5) of the National Highways Act, 1956, and that the Arbitrator must adopt a justice-oriented...
MSME Council Must Follow Mandatory Arbitration Process Before Passing Award: Madras High Court
On 19 August, the Madras High Court held that an award passed by the Chennai Region Micro, Small and Medium Enterprises Facilitation Council without initiating arbitration as required under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) cannot be sustained. Justice P.B. Balaji set aside the Rs. 33.40 lakh award passed in favour of Mahalakshmi Trading Corporation against 3F Industries Ltd., holding that the Council had proceeded straight to an “Award”...
Delhi High Court Says Consent Awards Open To Challenge, Upholds Award In BDR Builders Dispute
The Delhi High Court on 18 August dismissed a property owner's challenge to a consent arbitral award directing specific performance of an agreement to sell his Vasant Vihar property in favour of BDR Builders and Developers Private Limited.Justice Harish Vaidyanathan Shankar, however, held that a consent arbitral award, though subject to a narrower scope of interference, can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996 to examine whether the settlement was lawful,...
No Intra-Court Appeal Against Arbitration Execution Orders Not Otherwise Appealable: Telangana High Court
The Telangana High Court has held that two orders passed in execution proceedings relating to an international commercial arbitration award could not be challenged through a Letters Patent appeal as they were not appealable under the statutory provisions governing such appeals.The Division Bench comprising Justice K. Lakshman and Justice B.R. Madhusudhan Rao observed:“The Act, 1996, is a self-contained code which governs all matters pertaining to arbitration, including the right to file appeals....
No Basis To Retain Bank Guarantees After Arbitral Award Is Settled: Delhi High Court
The Delhi High Court has held that once an arbitral award resolving the main contractual dispute is settled between the parties and the settlement amount is paid, there is no basis for retaining or seeking to invoke performance bank guarantees, security deposits, or fixed deposit receipts (FDRs) furnished under the contract.Justice Tushar Rao Gedela observed, “If that be so, then once the main claims in respect of the dispute arising out of the contract between the parties is adjudicated and...
Delhi High Court Sets Aside Arbitral Award After Tribunal Relied On Pre-Contract Notes To Alter Contract Terms
The Delhi High Court has partly set aside an arbitral award after finding that the majority tribunal had relied on pre-contract cover notes and discussions to alter the terms of an executed insurance policy.Justice Om Prakash Shukla held that the tribunal could not travel beyond the policy and insert terms that were not part of the executed contract. The court observed, “The majority members of the Tribunal acceded their jurisdiction by travelling beyond the executed policy to insert words based...
Writ Against Highways Act Arbitration Award Not Entertainable When Statutory Remedy Available: Andhra Pradesh High Court
The Andhra Pradesh High Court has recently ruled that a party challenging an arbitral award under the National Highways Act, 1956 cannot ordinarily bypass the statutory remedy under the Arbitration and Conciliation Act, 1996. The party cannot directly approach the court under Article 226 of the Constitution“The N.H. Act and the Act, 1996 are complete code. The statute provides the remedy under Section 34 of the Act, 1996 to challenge the award of the arbitrator on specified grounds and any...
Kerala High Court Limits Section 11 Arbitration Act Inquiry To Agreement, Refers NCLT Issues To Tribunal
The Kerala High Court on 14 August held that questions concerning pending proceedings before the National Company Law Tribunal (NCLT) and limitation must be considered by the Arbitral Tribunal at the stage of arbitration, observing that a Court's enquiry under Section 11 of the Arbitration and Conciliation Act, 1996 is primarily confined to the existence of an arbitration agreement. Justice S. Manu allowed an arbitration request arising from a dispute over 117 equity shares in Tharakan Web...