Only High Courts Can Entertain Section 34 Challenges In International Arbitration: Madras High Court

The Madras High Court on 21 April, held that Section 34 challenges arising from international commercial arbitration must be filed before the High Court and not District Courts, in view of Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 as amended in 2015. Justice Senthilkumar Ramamoorthy upheld the order of the Principal District Judge, Salem returning the Section 34 petition filed by Waterbury Farrel against Steel Authority of India Limited (SAIL) and Shriram EPC Limited for...

Interim Arbitral Orders Cannot Be Enforced Separately Once Subsumed Into Final Award: Delhi High Court

The Delhi High Court has held that interim orders passed by an arbitral tribunal cannot be independently enforced in cases where they stand subsumed into a final arbitral award covering the same subject matter, holding that such directions must thereafter be enforced only under the statutory framework governing arbitral awards. Justice Harish Vaidyanathan Shankar dismissed an enforcement petition filed by Sunder Lal Gupta, ruling that the interim direction requiring Sahyog Hospitality to...

LiveLawBiz Arbitration Cases Weekly Digest: April 27 To May 2, 2026

NOMINAL INDEXM/s Paramount Learning Solutions and Others v. Aakash Educational Services Ltd., 2026 LLBiz SC 173The State of Andhra Pradesh Vs. M/s Dataevolve Solutions Pvt Limited, 2026 LLBiz SC 169Ocean View Properties LLP v. Baleshwar Sharma & Ors., 2026 LLBiz HC (DEL) 449Future Coupons Private Limited & Ors. v. Amazon.com NV Investment Holdings LLC & Ors., 2026 LLBiz HC (DEL) 443PTC Techno Pvt. Ltd. v. Samsung India Electronics Pvt. Ltd., 2026 LLBiz HC (DEL) 429Sahaj Bharti...

Himachal Pradesh HC Refuses To Stay IIT Mandi's Campus School Agreement Termination With Learning Curve Trust

The Himachal Pradesh High Court has refused interim relief to The Learning Curve Educational Trust, which sought a stay on the termination of its agreement to run a campus school at IIT Mandi. The court held that, in the facts of the case, a party that failed to challenge a termination notice for nearly two years could not seek protection under Section 9 of the Arbitration and Conciliation Act, 1996. Justice Ajay Mohan Goel observed that the Trust had “slept over the matter” and failed to...

Dealer's Counter-Offer Not Consent: Allahabad HC Sets Aside HPCL Arbitrator Appointment

The Allahabad High Court has set aside an arbitral award after finding that Hindustan Petroleum Corporation Ltd. could not validly appoint its own officer as arbitrator without a clear written waiver from the dealer after the dispute had arisen. "Hence, the appellant cannot be non-suited for not taking a precise ground in its petition under Section 34 of the Act of 1996 as the ground of illegibility could be raised at any stage and having done so and examined by this Court, it is found that the...

Mere Delay Or Inaction Does Not Amount To Abandonment Of Arbitration: Calcutta High Court

The Calcutta High Court has held that mere delay or inaction cannot, by itself, lead to an inference of abandonment of arbitration, emphasising that there must be a clear and conscious intention to relinquish the arbitral remedy. Justice Gaurang Kanth allowed a petition by MIPL DRAIPL JV in a dispute with Eastern Railway and appointed a substitute arbitrator after terminating the earlier arbitrator's mandate.“In law, abandonment cannot be readily inferred from mere inaction or delay. It must be...

Conflicting Contractual Clauses Do Not Override A Clear Arbitration Agreement: Bombay High Court

The Bombay High Court has held that when contractual clauses appear inconsistent or conflict with a clear arbitration clause, courts must lean in favour of arbitration, emphasising that such an approach is necessary to avoid frustrating valid arbitration agreements. A bench of Justice Sandeep V. Marne made the observation while appointing a sole arbitrator in a dispute between Generic Engineering Construction Projects Ltd and the Maharashtra Maritime Board arising from termination of a...

Calcutta High Court Says Parties Can't Object To Kolkata Arbitration Venue After Failing To Do So Earlier

The Calcutta High Court has held, in the facts of a loan dispute, that borrowers who failed to object to the choice of arbitration venue despite notice and participated in earlier proceedings before Kolkata courts could not later challenge jurisdiction, as their conduct amounted to consent. A Single Bench of Justice Shampa Sarkar allowed an application filed by Electronica Finance Limited and appointed advocate Deepan Kumar Sarkar as the sole arbitrator to adjudicate disputes with Quality...

LiveLawBiz Arbitration Cases Monthly Digest: April 2026

Supreme CourtNo Immediate Challenge To Arbitrator's Rejection Of Jurisdiction Plea; Must Wait For Final Award: Supreme CourtCase Title MCM Worldwide Private Limited v. M/s. Construction Industry Development CouncilCase Number Civil Appeal (arising out of SLP (C) No. 33075 of 2025)Citation 2026 LLBiz SC 171The Supreme Court has recently held that when a claim is challenged as time-barred to question an arbitrator's jurisdiction, and the arbitrator rejects that objection, the party cannot...

Bombay High Court Upholds ₹27.43 Crore Arbitral Award Against ONGC In Uran ETP Dispute, Dismisses Appeal

The Bombay High Court has recently upheld an arbitral award in favour of Newton Engineering & Chemicals Ltd, dismissing Oil and Natural Gas Corporation's appeal in a dispute arising from delays in the Uran Effluent Treatment Plant project. A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad held that the tribunal's interpretation of the contract was a plausible view and did not warrant interference. “We do not find any contradiction in the Award or the...

Arbitral Tribunal's Mandate Not Automatically Terminated After Deadline: J&K & Ladakh High Court

The High Court of Jammu & Kashmir and Ladakh has reiterated that an arbitral tribunal does not permanently lose its authority merely because the deadline to pass an award has expired, holding that proceedings can continue if the Court later extends the time. A Bench of Justice Sanjay Dhar relying on the Supreme Court's ruling in Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd. observed: "it is clear that expiry of stipulated time period for making award only makes the Arbitral...

Challenge To Impleadment Of Non-Signatory In Arbitration Maintainable Only After Award: Delhi High Court

The Delhi High Court has reiterated that where an arbitral tribunal rejects a jurisdictional objection, including to the impleadment of a non-signatory, the challenge to such a decision can be raised only after the tribunal proceeds with the arbitration and makes an award. On this basis, the court dismissed as not maintainable an appeal filed by Ocean View Properties LLP against an order of the arbitral tribunal impleading it as a party to the proceedings, even though it was not a signatory to...