ARBITRATION
Allahabad High Court Upholds Setting Aside Of Arbitral Award For Lack Of Findings On Contentious Issues
The Allahabad High Court has upheld the setting aside of an arbitral award in an insurance dispute after finding that the arbitrator failed to record findings on key disputed issues, including the validity of the survey report and the basis for awarding the claimed amount, and instead "jumped to the conclusion" that the insured was entitled to the amount sought.A Division Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra dismissed an appeal by Triveni Adhesive and Tapes against...
LiveLawBiz Arbitration Cases Weekly Digest: July 20 - July 25, 2026
Nominal Index NASR ULLAH KHAN v ONE97 COMMUNICATIONS LIMITED & ORS, 2026 LLBiz SC 245 South Delhi Municipal Corporation v M/s Delhi Gurgaon Super Connectivity Limited, 2026 LLBiz HC(DEL) 727 Cosmo Retail Solutions Private Limited v Sumant Agarwal & Ors, 2026 LLBiz HC(DEL) 716 Resilient Innovations Private Limited (BharatPe) v Unity Small Finance Bank Limited & Ors, 2026 LLBiz HC(DEL) 735 Spectrum Power Generation Limited v GAIL India Limited, 2026 LLBiz HC(DEL) 733 National...
Court-Recorded Compromise In Arbitration Dispute Can Be Executed: Kerala High Court
The Kerala High court has held that a compromise recorded while disposing of proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 is executable. It observed that a party which voluntarily enters into a settlement, secures its benefits and invites the court to pass an order in terms of the compromise cannot later contend that the order is unenforceable.Justice T.R. Ravi said, "After having arrived at a settlement and having invited the court to pass an order in terms of the...
Order Requiring Deposit Of Entire Arbitral Award For Stay Not Appealable: Rajasthan High Court
The Rajasthan High Court has held that an order directing a party to deposit the entire arbitral award amount as a condition for staying enforcement of the award is not appealable under the Arbitration and Conciliation Act, 1996. Holding that Section 13 of the Commercial Courts Act, 2015, does not create an independent right of appeal, the bench observed, "As an upshot, we hold that an order passed under Section 36(3), whether granting stay unconditionally, conditionally, or refusing it, is not...
Supreme Court Alone Can Decide Replacement Of Arbitrator It Appointed: Karnataka High Court
The Karnataka High Court has held that once the Supreme Court appoints an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, any issue arising later that affects the constitution of the arbitral tribunal, including the arbitrator's recusal, withdrawal or substitution, can be decided only by the Supreme Court.A single-judge bench of Justice Suraj Govindaraj observed, "The appointment of the Arbitrator was not by the institutional mechanism of SIAC or from any consensual...
Delhi High Court Bars Unity Small Finance Bank From Considering Share Capital Increase Without BharatPe's Consent
The Delhi High Court on Friday held that Unity Small Finance Bank could not place before its board a proposal to increase its authorised share capital and amend its Memorandum of Association without the prior written consent of BharatPe, which owns a 49% stake in the bank. Justice Tushar Rao Gedela granted interim relief to BharatPe (Resilient Innovations Private Limited), holding that the proposal fell within "Reserved Matters" under the parties' Shareholders' Agreement (SHA)."If the SHA...
Supreme Court Issues Notice On Prasar Bharati's Plea In Cricket Broadcast Rights Dispute With Stracon India
The Supreme Court on Friday issued notice on a Special Leave Petition filed by Prasar Bharati challenging a Delhi High Court judgment holding that it was contractually obliged to provide 135 days of international cricket under the Global Rights Agreement. The High Court had partly upheld an arbitral award in favour of Stracon India Ltd. while reducing the compensable shortfall from 17 days to seven. Pending adjudication of the petition, the Court permitted Stracon India Ltd to withdraw a...
Delhi High Court Sets Aside Arbitral Award Rejecting Spectrum Power's GST Refund Claim Against GAIL
The Delhi High Court has set aside an arbitral award rejecting Spectrum Power Generation Limited's claim for refund of GST reimbursed to GAIL (India) Limited under a Gas Sale Agreement, holding that the award suffered from patent illegality.The court held that GAIL was required to independently establish that it had deposited GST and that the arbitral tribunal could not rely on disputed tax payment receipts without first deciding their admissibility.Justice Avneesh Jhingan observed, "In the...
Settled Disputes Cannot Be Revived Without Express Reservation Of Future Claims: Delhi High Court
The Delhi High Court on 23 July held that parties cannot reopen issues settled through a settlement agreement after acting upon the settlement without reserving any future claims, as such a course would undermine certainty, consistency and finality in disputes. Justice Tushar Rao Gedela upheld an arbitral award granting Atlanta Infra Assets Limited a 53-day extension of the concession period for the Nagpur-Kondhali section of National Highway-6 in Maharashtra, including an additional 28 days...
Arbitration Initiated by Liquidator Without Prior NCLT Approval Isn't Void: Bombay High Court
The court ruled that an arbitration notice issued by a liquidator before obtaining NCLT approval became effective only after permission was granted
Supreme Court Refuses To Interfere With Arbitrator Appointment In Adani-GSECL Coal Mining Tender Dispute
The Supreme Court on Friday refused to interfere with the Gujarat High Court's judgment appointing a sole arbitrator to adjudicate disputes between Adani Enterprises Ltd. and Gujarat State Electricity Corporation Ltd. (GSECL) arising out of the cancellation of a coal mining tender.A bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva dismissed GSECL's challenge to the Gujarat High Court's judgment of January 30, 2026, appointing Justice R.P. Dholaria (Retd.) as the sole...
Report Of Expert Board Constituted By Consent Cannot Be Executed As Arbitral Award: Delhi High Court
The Delhi High Court has held that an expert board constituted through consent orders to determine service charges cannot be treated as an arbitral tribunal merely because the parties agreed to its constitution. It ruled that the Board's report, which contained recommendations, could not be treated as an arbitral award, decree or any other executable instrument. Justice Harish Vaidyanathan Shankar dismissed an execution petition filed by the South Delhi Municipal Corporation (SDMC), which...