Limitation For Plea-Seeking Arbitrator Appointment Begins From Failure Of Opposite Party To Act On Invocation Notice: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh recently held that an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, which allows a party to approach the court for appointment of an arbitrator when the other side fails or refuses to do so, must be filed within three years from the date of such failure or refusal. The court clarified that the cause of action arises upon such failure or neglect, and once limitation begins to run, it continues without...

LiveLawBiz Arbitration Weekly Digest: March 23- March 28, 2026

NOMINAL INDEX JioStar India Pvt Ltd vs Green Bean Sports Marketing, 2026 LLBiz SC 123Gini AND Jony Ltd v. Benetton India Pvt. Ltd., 2026 LLBiz SC 133Bharat Udyog Ltd. (formerly known as M/s Jai Hind Contractors Pvt. Ltd.) v. Ambernath Municipal Council through Commissioner & Anr., 2026 LLBiz SC 129Kalanithi Maran vs SpiceJet Ltd, 2026 LLBiz HC (DEL) 292M/s National Highways Authority of India v. M/s BEL-ACC (JV), 2026 LLBiz HC (DEL) 300ERA Infra Engineering Limited v. National Highways...

Encashing ₹18.64 Lakh Settlement Without Prior Objection Equals Acceptance: Bombay High Court In Reliance ARC's Plea

The Bombay High Court has held that Reliance Asset Reconstruction Company Ltd, having encashed Rs 18.64 lakh offered by borrowers towards full and final settlement without first communicating any objection, must be deemed to have accepted the settlement. It ruled that the company's subsequent claim that the amount was accepted “under protest” was not a valid revocation and that the arbitral awards stood satisfied. Justice Abhay Ahuja held that once the amount was encashed without prior protest,...

Acceptance Of Insurance Claim Under Protest Not 'Accord And Satisfaction': Bombay High Court

The Bombay High Court on 18 March held that when a claimant accepts the amount offered by an insurer under protest, such acceptance does not bar the claimant from seeking a higher amount before an arbitral tribunal. Justice Gauri Godse upheld an arbitral award enhancing the compensation payable to the insured after finding an error in the surveyor's assessment. The Court rejected the insurer's contention that the insured's acceptance of the amount amounted to accord and satisfaction. It...

Chhattisgarh High Court Allows Gilcon Project's Claims, Rejects State's Appeal In Arbitration Dispute

The Chhattisgarh High Court on 25 March dismissed the State of Chhattisgarh's appeals and upheld the Commercial Court's order partly setting aside the arbitral award while granting limited relief to Gilcon Project Service Ltd. JV Scapes Associates.A Bench of Justice Rajani Dubey and Justice Radhakishan Agrawal reiterated that courts exercising jurisdiction under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 cannot reassess evidence or substitute the arbitrator's findings...

Re-Colouring Facts As Public Policy Ground Not Enough To Resist Enforcement Of Foreign Arbitral Award: Supreme Court

The Supreme Court of India on Wednesday held that enforcement of foreign arbitral awards cannot be resisted under Section 48 of the Arbitration and Conciliation Act, 1996, on a party's plea re-characterizing factual disputes as issues of public policy, particularly as courts cannot re-examine awards on merits at the enforcement stage. A Division Bench comprising Justice Sanjay Kumar and Justice Vinod Chandran dismissed Special Leave Petitions filed by Nagaraj V. Mylandla and Sharada Mylandla...

Madras High Court Dismisses Appeal Against Arbitrator Order Refusing Expert Analysis Of iPad Evidence

The Madras High Court has recently dismissed an appeal challenging an arbitrator's refusal to send an iPad marked as evidence for expert analysis, holding that the appeal filed by ADRPlexus Medical Services Pvt Ltd was not maintainable under Section 37 of the Arbitration and Conciliation Act, 1996, particularly where the request was made after completion of the claimant's evidence. A Division Bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi held that ADRPlexus Medical...

Chhattisgarh High Court Refuses To Condone 110-Day Delay In Arbitration Appeal Against PwC

The Chhattisgarh High Court has dismissed an arbitration appeal filed by the Chhattisgarh State Agriculture Marketing Board against Price Waterhouse Coopers Pvt. Ltd., holding that the Board failed to justify a delay of 110 days in filing the appeal within the time limit prescribed under the Commercial Courts Act. A division bench of Justices Rajani Dubey and Radhakishan Agrawal held that no sufficient cause was shown to justify the delay beyond the prescribed limitation period under the...

Clause Allowing Unilateral Appointment Of Arbitrator Does Not Invalidate Arbitration Agreement: Calcutta High Court

The Calcutta High Court has held in a dispute between a borrower and IndusInd Bank that even if an arbitration clause permits unilateral appointment of an arbitrator by one party, such a condition would invalidate only the appointment procedure and not the arbitration agreement itself. In a judgment dated March 23, 2026, Justice Om Narayan Rai upheld the referral of the dispute to arbitration while affirming an order of the City Civil Court, Calcutta, which had stayed a civil suit filed by...

Delhi High Court Upholds ₹1.93 Crore Arbitral Award In Favour Of BEL-ACC In Dispute With NHAI

On Tuesday 24 March, the Delhi High Court upheld an arbitral award in favour of BEL-ACC (JV) granting Rs. 1.93 crore towards revised rates, overhead losses, and additional resource deployment. Justice Subramonium Prasad dismissed a petition filed by National Highways Authority of India (NHAI), holding that it does not warrant interference under Section 34 of the Arbitration and Conciliation Act, 1996. The Court held: “...the findings of the learned Arbitral Tribunal demonstrate that a...

Dues Cannot Be Withheld Till Eternity: Delhi High Court Upholds Award Against MMTC

The Delhi High Court has upheld an arbitral award directing MMTC Limited to release withheld amounts of Rs 1.64 crore towards railway surcharge and Rs 56.93 lakh towards detention charges to Knowledge Infrastructure and another party, holding that the amounts could not be retained indefinitely when the alleged liability had not crystallised and the Railways had not processed the claims for years. The bench of Justice Subramonium Prasad, dismissing MMTC's challenge under Section 34 of the...

State Cannot Appoint Arbitrator Under Maharashtra Municipal Councils Act Without Arbitration Agreement: Supreme Court

The Supreme Court on Tuesday dismissed a special leave petition filed by Bharat Udyog Ltd, holding that the State Government had no authority under Section 143-A(3) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, which deals with issuance of policy directions regarding the levy and collection of octroi, to appoint an arbitrator between a Municipal Council and its agent.The court held that the government's exercise of such power could not be equated...