ARBITRATION
Arbitration Clause In Tax Invoice Binding If Goods Accepted Without Protest: Allahabad High Court
The Allahabad High Court on 6 May held that an arbitration clause contained in the terms and conditions of a tax invoice constitutes a valid arbitration agreement when the receiving party accepts the goods supplied under the invoice without objection. Justice Piyush Agrawal appointed former judge Justice Vivek Kumar Birla as the sole arbitrator in a dispute between Ganesha Ecosphere Limited and Goodcore Spintex Pvt. Limited after holding that the parties were bound by the arbitration clause...
Delhi High Court Quashes ₹2.30 Crore Arbitral Award Against IRCTC In Meal Tariff Dispute
The Delhi High Court has set aside an arbitral award directing Indian Railway Catering and Tourism Corporation Ltd. (IRCTC) to pay ₹2.30 crore to Foodworld in a dispute over reimbursement for second regular meals and welcome drinks under railway catering contracts. Justice Harish Vaidyanathan Shankar held that the controversy was substantially covered by the Supreme Court's ruling in Indian Railways Catering and Tourism Corp. Ltd. v. Brandavan Food Products. “The interpretation adopted by the...
Patna HC Sets Aside ₹25 Lakh Arbitral Compensation Against Bihar State Food Corporation For No Proof of Loss
The Patna High Court has partly set aside an arbitral award against Bihar State Food and Civil Supplies Corporation Ltd, holding that compensation awarded without evidence of actual loss or injury could not be sustained. A Division Bench of Justice Mohit Kumar Shah and Justice Arun Kumar Jha held: “Thus, there is no proof much less any evidence whatsoever, on the records of the arbitral proceedings regarding the claimant-respondent having suffered any loss or injury, hence the award of...
LiveLawBiz Arbitration Cases Weekly Digest: May 18 - May 23, 2026
NOMINAL INDEXPatanjali Ayurved Limited and Ors. Versus Ashav Advisory LLP, 2026 LLBiz SC 196Pandrol Rahee Technologies Pvt. Ltd. v. IRCON International Ltd., 2026 LLBiz HC(DEL) 518Cinda Engineering and Construction Private Limited v. CY Engineering India Private Limited, 2026 LLBiz HC(DEL) 506Sarvesh Security Services Pvt. Ltd. v. Institute of Human Behavior Resource and Allied Sciences, 2026 LLBiz HC(DEL) 516Dewan and Sons and Ors. Vs Harsh International, 2026 LLBiz HC(DEL) 526Hazel Mercantile...
Re-Filing Delays In Commercial Cases Must Be Treated As Seriously As Filing Delays: Delhi High Court
The Delhi High Court has dismissed an appeal by the Delhi Development Authority against a Commercial Court judgment upholding an arbitral award, refusing to condone delays in filing and re-filing the matter. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla underscored the need for strict adherence to timelines in commercial disputes arising from arbitral proceedings. “It is also settled that, in commercial matters, delay in re-filing has also to be treated with...
Jharkhand High Court Pulls Up JSBC for Seeking Adjournment In Arbitration Matter Over Transfer of MD
The Jharkhand High Court recently pulled up Jharkhand State Beverages Corporation for seeking a second adjournment in an arbitration matter on the ground that its managing director had been transferred. The court observed that the corporation was “bent upon delaying the matter.” It then appointed former Jharkhand High Court judge Justice N.N. Tiwari as sole arbitrator in its dispute with K.S. Multi Facility Services Private Limited. Chief Justice M.S. Sonak observed that the corporation's...
Dissent Must Be an “Informed Decision,” Not “Post Facto”: Calcutta High Court Sets Aside Majority Arbitral Award
The Calcutta High Court has set aside an arbitral award in favour of Neo Metaliks Limited, holding that a dissenting arbitrator cannot be excluded from deliberations and given the majority award only after it has been finalised. Justice Sabyasachi Bhattacharyya passed the ruling while allowing Kessels Engineering Works Pvt Ltd's challenge to the award and staying operation of the judgment for 30 days. Justice Bhattacharyya observed, “Deliberation between the co-arbitrators in a multi-member...
Bombay High Court Upholds Arbitral Award Rejecting Insurer's Undisclosed Expert Report In Claim Dispute
The Bombay High Court has recently upheld an arbitral award rejecting an insurer's reliance on an undisclosed expert opinion used to reduce an insured's claim, holding that the challenge essentially sought a reappreciation of evidence. Justice Gauri Godse held the arbitral tribunal was justified in discarding the insurer's expert report. “ The expert opinion's report is also rightly not accepted by the Tribunal. It is held that the expert was appointed without any intimation to the...
Timeline To Pass Arbitral Award Inapplicable If Arbitration Invoked Before 2015 Amendment: Delhi High Court
The Delhi High Court, in a family partnership dispute, has held that timelines introduced under the amended arbitration law for passing arbitral awards would not apply since arbitration had first been invoked before the amendment came into force. The 2015 amendment introduced a 12-month deadline for arbitral tribunals to make an award from the date they entered upon reference, extendable by six months with parties' consent. A division bench of Justices Prathiba M. Singh and Madhu Jain held,...
Arbitration Venue Cannot Become Seat Where Contra Indicia Exists In Agreement: Andhra Pradesh High Court
The Andhra Pradesh High Court on 7 May held that a mere stipulation in an arbitration agreement that proceedings “shall be held” at Hyderabad does not, by itself, make Hyderabad the juridical seat of arbitration, especially where the agreement separately confers exclusive jurisdiction on civil courts in East Godavari District. A Division Bench of Justices Ravi Nath Tilhari and Balaji Medamalli allowed a Commercial Court Appeal filed by Carolyn Joyce Tadamala against Royal City Developer Private...
Delhi High Court Refuses To Enforce Unchallenged Arbitral Award Passed By Unilaterally Appointed Arbitrator
The Delhi High Court has refused to enforce an arbitral award, holding that the absence of a challenge to the award under Arbitration Act does not automatically make it enforceable if it is void for lack of jurisdiction. Justice Harish Vaidyanathan Shankar passed the ruling. “In the present case, the position regarding unilateral appointment of the learned Sole Arbitrator is not even disputed by the Decree Holder. Equally undisputed is the absence of any express waiver in writing, as...
Arbitration Is Founded On Party Autonomy; Tribunal Bound By Contract: Delhi High Court
The Delhi High Court has set aside a Single Judge order that upheld an arbitral award directing MMTC to release ₹2.21 crore to Knowledge Infrastructure, holding that the arbitral tribunal ignored the express terms of the parties' contract A Division Bench of Justice Anil Kshetrapal and Justice Amit Mahajan ruled, “The Tripartite Agreement does not stipulate that the Appellant must first discharge liabilities attributable to Respondent No.1 and thereafter seek reimbursement through a separate...











