FIR Does Not Prove Guilt, Pending Criminal Case No Bar To Arbitration: Bombay High Court

The Bombay High Court on 30 October held that the registration of a First Information Report (FIR) does not establish guilt or automatically exclude civil and commercial disputes from arbitration, even when both proceedings arise from the same transactions. Justice Amit Borkar allowed an application under Section 11 of the Arbitration and Conciliation Act, 1996, filed by M.D. Nehaluddin, and appointed Advocate Ashish Venugopal as the sole arbitrator to adjudicate disputes arising from the...

LiveLawBiz Arbitration Weekly Digest: October 26- October 31, 2026

NOMINAL INDEXShreeram Builders v. Upendra Kantilal Thanawala and Others, 2026 LLBiz SC 348 M/s Royal Construction Company Pvt. Ltd. v. M/s National Projects Construction Corporation, 2026 LLBiz SC 346 South Bihar Power Distribution Company Ltd. v. India Power Corporation Ltd. & Anr., 2026 LLBiz SC 345 Laxmi Madhukar Athawale v. SSD Escatics Private Limited & Ors., 2026 LLBiz HC (BOM) 620Anil Sunder Jhangiani v. Om Sadan Cooperative Housing Society Limited & Anr., 2026 LLBiz HC...

Supreme Court Refuses To Interfere With Enforcement Of Foreign Arbitral Awards In Favour Of Vedanta

The Supreme Court on Monday refused to interfere with the Delhi High Court's judgment allowing enforcement of two foreign arbitral awards in favour of Vedanta Limited and Ravva Oil (Singapore) Pte. Ltd. in a dispute with the Government of India over the calculation of the Centre's share of profit petroleum from the Ravva oil field.The dispute centred over whether payments made towards Oil and Natural Gas Corporation's carry obligations could be included in calculating the post-tax rate of Return...

Death Of Partner Who Signed Arbitration Agreement Does Not Abate Proceedings In Firm's Name: Allahabad High Court

The Allahabad High Court has held that a statement of claim filed in the name of a partnership firm does not become non-est merely because the partner who signed it had died by the time it was placed before the arbitrator. It held that where the remaining partners were alive the proceedings would not abate, and that the objection was at best a procedural irregularity touching neither the merits of the claim nor the arbitrator's jurisdiction. Order XXX Rule 4 of the Code of Civil...

Objections To Award Enforcement Cannot Be Used To Reopen Arbitral Award Findings: Madras High Court

The Madras High Court has ruled that objections to the enforcement of an arbitral award cannot be used to reopen findings on the merits after the award has attained finality. This applies where the judgment debtors had an opportunity to challenge the award through the prescribed legal process.A Single Bench of Justice P.B. Balaji made the observation while allowing a challenge by Reha Environ Private Limited and Puducherry Municipal Services Private Limited against restrictions imposed on the...

Clause Allowing Civil Court Recourse If Arbitration Fails Is Not Arbitration Agreement: Madhya Pradesh High Court

The Madhya Pradesh High Court has refused to appoint an arbitrator in a dispute over Global Buildocon's ₹1.25 crore claim concerning the proposed Global Towers residential project in Indore. It held that a clause allowing parties to approach civil courts if arbitration fails does not constitute a valid arbitration agreement. A Single Bench of Justice Vinay Saraf ruled that Clause 5 of the development agreement did not make the arbitrator's decision final and binding on the parties. The court...

Bombay High Court Sets Aside ₹15.92 Lakh Arbitral Award Against Stockbroker Over Trading Software Glitch

The Bombay High Court has set aside an arbitral award directing stockbroker 5 Paisa Capital Limited to pay ₹15.92 lakh to an investor over a dispute involving a technical glitch in its trading software.Justice Aarti Sathe held that the appellate arbitral tribunal had failed to decide key issues, including whether the glitch caused the investor's losses and whether the broker was justified in liquidating his positions under its Risk Policy.The court observed that the tribunal had merely...

Invalid Arbitrator Appointment Process Does Not Invalidate Arbitration Agreement: Bombay High Court

The Bombay High Court has held that an invalid procedure for appointing an arbitrator does not invalidate the underlying arbitration agreement, which may remain enforceable even if the agreed appointment mechanism cannot be followed.A Single Bench of Justice Amit Borkar made the observation while allowing an application filed by Nisus Finance Services Co. Limited and Nisus BCD Advisors LLP seeking the appointment of an arbitrator to resolve their disputes with Blisvins Realty Private Limited and...

Claim Of Trademark Infringement Cannot Be Used To Avoid Arbitration In Trademark Licensing Dispute: Delhi HC

The Delhi High Court has referred a trademark infringement and passing off suit filed by Singapore-based Utracon Corporation against its former Indian subsidiary, Ucon PT Structural System Private Limited, and other parties to arbitration. The court held that a party cannot avoid arbitration merely by including a claim for relief that may not independently be arbitrable.Justice Purushaindra Kumar Kaurav observed that the dispute centred on the continued use of the trademark after the licence...

Supreme Court Upholds Setting Aside Of Shreeram Builders Award, Says Terms Determine Agreement's Nature

On 29 October, the Supreme Court disposed of appeals filed by Shreeram Builders and upheld the Bombay High Court's decision to set aside an arbitral award directing the execution of a sale deed in favour of the builder, holding that the arbitrators had disregarded the parties' contractual terms. A Division Bench comprising Justices Sanjay Kumar and Sanjeev Sachdeva reiterated that the nature of an agreement must be determined by the rights and obligations it creates, rather than its title or...

Arbitral Tribunal Cannot Grant Interest Contrary To Express Terms Of Contract: Delhi High Court

The Delhi High Court, on Wednesday, 28 October, held that an arbitral tribunal cannot award interest contrary to an express contractual provision excluding interest on a performance bank guarantee (PBG), as such an award conflicts with the contract and the public policy of India. A Division Bench comprising Justices Avneesh Jhingan and Shail Jain set aside the arbitral award in favour of Aust Grain against Metals and Minerals Trading Corporation of India Limited (MMTC) to the limited extent...

Delhi High Court Rejects DDA Challenge To ₹62.90 Lakh Awards, Says Blacklisting Threat Negates Consent

The Delhi High Court on 28 October dismissed Delhi Development Authority (DDA)'s objections to two arbitral awards of Rs. 30.91 lakh and Rs. 31.99 lakh in favour of S.R. Ashok & Associates in a housing construction dispute, including an award directing it to refund money recovered from the contractor under threat of blacklisting. Justice Jasmeet Singh held that a payment made under threat of blacklisting cannot be treated as voluntary or as a settlement, particularly when the DDA failed to...