ARBITRATION
Delhi HC Upholds Ratnagiri Gas Award, Says Patent Illegality Unavailable In International Arbitration
The Delhi High Court on 17 August dismissed Ratnagiri Gas and Power Private Limited's challenge to an arbitral award directing it to refund USD 714,760.74 with 6% simple interest to Singapore-based Dinowic Pte Ltd. in a dispute concerning the sale and lifting of Naphtha from Dabhol, Maharashtra. A Bench comprising Justice Mini Pushkarna held that the scope of interference under Section 34 of the Arbitration and Conciliation Act, 1996 is narrower in an international commercial arbitration, and...
Delhi High Court Upholds ₹46.92 Lakh Bajaj Electricals Arbitral Award Against ITDC
The Delhi High Court on 17 August upheld the arbitral award directing India Tourism Development Corporation (ITDC) to pay Bajaj Electricals Ltd. Rs. 46.92 lakh along with pre-award, pendente lite and future interest, finding that the arbitrator had based the findings on the evidence and contractual terms on record. Justice Mini Pushkarna noted that courts cannot interfere with an arbitral tribunal's interpretation of a contract under Section 34 of the Arbitration and Conciliation Act, 1996,...
Employee Of Disputing Party Cannot Appoint Arbitrator After 2015 Amendment To Arbitration Act: Delhi High Court
The Delhi High Court recently reiterated that an employee of a party to a dispute cannot appoint an arbitrator on its behalf under amended Section 12(5) of the Arbitration and Conciliation Act, 1996.Section 12(5) makes persons having certain relationships with a party or the dispute ineligible to act as arbitrators. The restriction can be waived only through an express written agreement between the parties after the dispute has arisen.The court referred to the Supreme Court's rulings in Bhadra...
Supreme Court Asks CJI To Consider Larger Bench To Examine Validity Of Pre-Deposit Clauses In Arbitration Agreements
The Supreme Court on Monday requested the Chief Justice of India to consider whether a larger Bench should examine the validity of contractual clauses requiring a party to deposit a percentage of its claim before invoking arbitration. The issue arose from a clause requiring the contractor in the present case to deposit 10% of its claim before the dispute could be referred to arbitration.A Bench of Justices Manoj Misra and Manmohan expressed doubts over the correctness of the three-Judge ruling...
'Classic Case Of Misuse': Delhi High Court Imposes ₹5 Lakh Costs On DMRC For Misusing Award-Correction Process
The Delhi High Court on Monday observed that it was difficult to believe that an organisation such as the Delhi Metro Rail Corporation (DMRC) did not know the fundamentals of Section 33 of the Arbitration and Conciliation Act, 1996.The court called DMRC's application seeking correction of the arbitral award a “classic case of misuse of Section 33”. It observed that the application may have been intended to obtain “breathing space” to challenge the substantive award.Section 33 allows a party to...
Arbitrability Of Dispute To Be Decided By Arbitral Tribunal, Not At Arbitrator Appointment Stage: Bombay High Court
The Bombay High Court has recently reiterated that whether an insurance dispute is ultimately arbitrable need not be decided while appointing an arbitrator, leaving that question for the arbitral tribunal to consider.“A distinction has to be maintained between the final issue whether the dispute is arbitrable and the limited enquiry which this Court is required to undertake at the stage of appointment of an Arbitrator,” Justice Amit Borkar observed.The court accordingly appointed former Kerala...
LiveLawBiz Arbitration Cases Weekly Digest: August 10 - August 16, 2026
NOMINAL INDEXCentral Depository Services (India) Limited v. Daksha Narendra Bhavsar & Anr., 2026 LLBiz SC 268Justice K.V. Viswanathan and Justice Alok Aradhe, 2026 LLBiz SC 266Omaxe Ltd. v. Mr. Joginder Singh Nijjar & Anr., 2026 LLBiz HC(DEL) 834Union of India, Through Secretary, Department of Telecommunications, Ministry of Communications, Govt. of India v. Sterlite Technologies Limited, 2026 LLBiz HC(DEL) 817P. Perumal Transports v. Bharat Petroleum Corporation Limited & Connected...
Common Arbitrators Must Explain Contradictory Views In Related Disputes: Delhi High Court
The Delhi High Court has held that, in peculiar circumstances involving common arbitrators and identical contractual provisions, an unexplained departure from an earlier view in a related dispute can justify interference with an arbitral award.“The common members of the Arbitral Tribunal are obliged to justify the different view being taken by them in the subsequently passed impugned Award.”, the bench ruled. A Division Bench comprising Justice V. Kameswar Rao and Justice Manmeet Pritam Singh...
Bombay High Court Refuses To Restore Terminated LPG Transport Contract Pending Arbitration
The Bombay High Court has refused to order Bharat Petroleum Corporation Limited (BPCL) and Indian Oil Corporation Limited (IOCL) to resume LPG load allotments to tank-truck operators whose transport arrangements were terminated. The court held that such a direction would effectively revive the terminated contractual relationship while the dispute is pending arbitration.Justice Amit Borkar observed, “if prayer clause (b) is granted, result would be that contractual relationship which has been...
Delhi High Court Orders Omaxe To Refund ₹3.35 Crore After Developer Stopped Assured Returns
The Delhi High Court has upheld an arbitral award directing Omaxe Ltd. to refund ₹3.35 crore to two co-allottees of a commercial unit in Omaxe Novelty Mall at Lawrence Road, Amritsar.A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora also upheld the interest awarded by the tribunal and ₹25 lakh in costs. It further imposed ₹2 lakh in costs on Omaxe, payable equally to the two co-allottees within two weeks.The court ruled that Omaxe could not compel the...
US Court Confirms $562.5 Million Devas Arbitration Award Against ISRO's Antrix
The US Court of Appeals for the Ninth Circuit has affirmed the US district court's confirmation of a $562.5 million international arbitral award in the Devas Multimedia-Antrix dispute. Antrix is the commercial arm of the Department of Space and the Indian Space Research Organisation (ISRO).A three-judge bench comprising Judges Eric D. Miller, Lucy H. Koh and District Judge Donald W. Molloy affirmed the district court on subject matter jurisdiction, personal jurisdiction, and forum non...
Calcutta High Court Directs An Arbitral Tribunal To Record Chief Examination Of All Witnesses Before Cross-Examination
The Calcutta High Court has directed an arbitral tribunal to record the chief examination of all witnesses proposed by a claimant before beginning the cross-examination of any of them. The court held that this was necessary to prevent a later witness from filling gaps in the evidence of an earlier witness and prejudicing the other side.Justice Shampa Dutt (Paul), setting aside a procedural order passed by the sole arbitrator in a dispute between the Kolkata Municipal Corporation and Bengal...