ARBITRATION
Disputes Under Subsequent Agreement Without Arbitration Clause Not Arbitrable: Karnataka High Court
The Karnataka High Court on 2 April, held that an Arbitral Tribunal cannot decide disputes arising from a subsequent agreement that lacks an arbitration clause, nor can it rely on an earlier lapsed agreement whose arbitration clause has ceased to operate. A Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha set aside an award that directed execution of a sale deed between M. Mallikarjuna and Smt. Rajeshwari Mallikarjuna (appellants) and S.P. Sridhara and S.P. Muralidhar...
Arbitration Clause In Purchase Orders Enough to Appoint Arbitrator: Punjab & Haryana High Court
The Punjab and Haryana High Court on 19 March, held that an arbitration clause in purchase orders is sufficient under Section 11 of the Arbitration and Conciliation Act, 1996, to allow appointment of an arbitrator. A Single Judge Bench of Justice Jasgurpreet Singh Puri allowed a petition by Aditya Birla Real Estate Limited and appointed Justice Ajay Tewari (Retd.) as the Sole Arbitrator in disputes arising out of 20 purchase orders issued by Orient Craft Limited for the supply of fabric. He...
LiveLawBiz Arbitration Cases Weekly Digest: March 29- April 4, 2026
Nominal IndexRajiv Gaddh vs Subodh Prakash, 2026 LLBiz SC 137NTPC Ltd Vs Micro And Small Enterprises Facilitation Council, Bhopal & Ors., 2026 LLBiz SC 138The Oriental Insurance Company Ltd. v. Jindal India Limited, 2026 LLBiz HC (DEL) 327UEM India Pvt. Ltd. v. ONGC Limited, 2026 LLBiz HC (DEL) 310SP Singla Constructions Pvt Ltd v State of Jharkhand & Anr., 2026 LLBiz HC (DEL) 330Talent Unlimited Online Services Pvt. Ltd. & Anr. v. Affle India Ltd., 2026 LLBiz HC (DEL) 338Kantilal...
LiveLawBiz Arbitration Cases Quarterly Digest: January - March 2026
Supreme CourtDecrees Cannot Be Turned into “Paper Tigers” by Permitting Post-Award Property Transfers: Supreme CourtCase Title : R. Savithri Naidu v. The Cotton Corporation of India Ltd. & Anr.Case Number : Civil Appeal No. 1602/2026 [Special Leave Petition (Civil) No. 19779 of 2024]Citation : 2026 LLBiz SC 66The Supreme Court has reaffirmed that a person who purchases disputed property after the passing of an arbitral award cannot obstruct its attachment in execution proceedings. A Bench of...
Delhi High Court Upholds Arbitral Order Allowing Affle To Inspect Talent Unlimited's Records As Shareholder
The Delhi High Court on Saturday upheld a SIAC Arbitral Tribunal's order granting interim relief to Affle India Limited, a listed mobile advertising technology company. The order permits inspection of the records and premises of Talent Unlimited Online Services Private Limited, developer of the “Bobble Keyboard” app. The court held that the arbitrator's interpretation of Affle's inspection rights as a shareholder of Talent Unlimited Online Services Private Limited under Clause 3.4 of the...
MSME Council Justified In Proceeding To Arbitration Without Fresh Notice When Party Skips Conciliation: Madhya Pradesh HC
The Madhya Pradesh High Court has held that where a party, despite being granted an opportunity, fails to file a reply and declines to participate in conciliation proceedings, the MSME Facilitation Council is justified in proceeding to arbitration without issuing a separate notice. A Division Bench of Justice Vivek Rusia and Justice Pradeep Mittal observed, “Once the petitioner had declared that he was interested in participating in the conciliation proceedings, the Facilitation Council had no...
Bombay High Court Sets Aside Awards Against Stock Broker For Ignoring Claimant's Statements
The Bombay High Court recently set aside concurrent arbitral awards, holding that ignoring vital evidence, including the claimant's own statements, rendered the findings perverse.Justice Somasekhar Sundaresan heard a petition by Kantilal Chhaganlal Securities Pvt Ltd. The firm had challenged an arbitral award dated October 23, 2013 and an appellate award dated April 8, 2014 in favour of its client. Setting aside the awards, the court said: “That vital evidence that cuts to the root of the...
Refusal To Produce Audited Financials Justifies Adverse Inference: Bombay High Court Upholds Arbitral Award
The Bombay High Court has recently refused to interfere with an arbitral award, holding that refusal by a party to produce audited financial statements justifies the drawing of an adverse inference by the arbitral tribunal. The court remarked that a party cannot selectively rely on tax returns while withholding audited financial statements and books of account. A bench of Justice Somasekhar Sundaresan observed: “As such, every business enterprise would have both sets of financial information...
Mere Filing Of One Plea Before A Court Doesn't Confer Jurisdiction For Subsequent Arbitration Pleas: Delhi HC
The Delhi High Court has held that merely filing a petition before a particular court cannot fix jurisdiction under Section 42 of the Arbitration and Conciliation Act, 1996, especially where the petition is withdrawn without any adjudication. Section 42, which centralises all subsequent applications in the first court approached, cannot be invoked in such circumstances as the jurisdiction contemplated must be “real, effective, and legally sustainable”, the court said. A Single Bench of Justice...
Award Granting Statutorily Barred Relief Suffers From Patent Illegality: Madras High Court
The Madras High Court on 18 March held that determining whether an arbitral award grants relief barred by law or beyond the contract is a question of legality, not of re-examining evidence. Courts can intervene under Section 34(2A) of the Arbitration and Conciliation Act, 1996 only if the award shows patent illegality. A Division Bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi allowed Southern Railway's appeal and set aside the arbitral award that directed continuation...
Delay In Filing Objections Excused Where Arbitral Tribunal Fails To Provide Signed Award: HP High Court
The Himachal Pradesh High Court held on 19 March that a party cannot be held responsible for delay in filing objections where the arbitral tribunal fails to furnish a signed copy of its award, despite specific requests. Justice Ajay Mohan Goel, while condoning a 16-day delay in filing objections in the dispute between the Chief Engineer, HP PWD National Highway Division, Shimla, and Ceigall India Limited, observed: "This Court is of the considered view that the learned Arbitral Tribunal should...
Delhi High Court Sets Aside Rs 13.31 Crore Arbitral Award In Favour Of Jindal India Against Oriental Insurance
A Rs. 13.31 crore arbitral award in favour of Jindal India Limited has been set aside by the Delhi High Court in a dispute over insurance claims arising from a factory fire, with the court finding that the award went beyond the terms of the contract. Justice Avneesh Jhingan underlined that an arbitrator's authority flows from the agreement between the parties. “The arbitrator cannot go beyond the terms of the contract,” the court said, adding that the methodology adopted to assess loss must...











