ARBITRATION
Bombay High Court Quashes Awards Against Guarantors Despite IBC Moratorium On Debt
The Bombay High Court on Tuesday held that arbitral awards resulting in enforcement of a debt that has become temporarily unenforceable due to a statutory moratorium run contrary to the fundamental policy of Indian law. The court consequently quashed two awards obtained by Abhyudaya Co-operative Bank against guarantors of insolvency resolution bound Nirmangold Alloys Pvt. Ltd. and Nirmangold Plasttech Pvt Ltd. Justice Sharmila U. Deshmukh held that the arbitral tribunal continued proceedings...
Bombay High Court Holds DIFC Penal Notice And Certificate Satisfy CPC Requirement For Foreign Decree Execution
The Bombay High Court has rejected an objection by two guarantors of a USD 5 million factoring facility to the maintainability of execution proceedings initiated by Malta-based Fimbank P.L.C. to enforce a Dubai International Financial Centre (DIFC) Court judgment in India. Justice Abhay Ahuja held that a penal notice issued by the DIFC Court and a subsequent certificate relating to satisfaction of the judgment fulfilled the requirement of a certificate regarding satisfaction or adjustment of...
Bombay High Court Upholds Award In Paharpur–Siemens Dispute, Reaffirms Limited Scope Of Section 34
On 8 June, the Bombay High Court reiterated that under Section 34 of the Arbitration and Conciliation Act, 1996, courts cannot reappreciate evidence or substitute a plausible view taken by an arbitral tribunal merely because another interpretation of the contract or evidence is possible. Justice Somasekhar Sundaresan dismissed the petition filed by Paharpur Cooling Towers Ltd. and upheld the arbitral award in favour of Siemens Ltd. in its entirety. He held: "In my opinion, this analysis is a...
Bombay HC Refers Tata Capital's ₹36.10 Crore Loan Dispute With Priyanka Communications To Arbitration
On 8 June, the Bombay High Court held that Section 8 of the Arbitration and Conciliation Act, 1996 must be construed liberally to facilitate arbitral reference and cannot be defeated by procedural technicalities such as insisting on a separate application for referral. Justice Abhay Ahuja referred Tata Capital Financial Services Ltd.'s Rs.36.10 crore loan recovery dispute with Priyanka Communications (India) Pvt. Ltd. and its guarantors to arbitration under Clause 21 of the Working Capital...
Commercial Court Cannot Hear Challenge To Railways Land Acquisition Award: Chhattisgarh High Court
On 14 May, the Chhattisgarh High Court held that disputes arising from land acquisition proceedings under the Railways Act do not fall within the definition of a “commercial dispute” under Section 2(1)(c) of the Commercial Courts Act, 2015, and therefore cannot be adjudicated by a Commercial Court. A Division Bench of Justices Parth Prateem Sahu and Sachin Singh Rajput allowed an appeal filed by Sagarmal Agrawal, set aside an order of the Commercial Court, Bilaspur, holding that it lacked...
Bombay HC Grants Relief To Adtrack, Says Housing Federation Tried To 'Wriggle Out' Of Hoarding Deal
The Bombay High Court on Monday held that a housing federation was seeking to "wriggle out of contractual obligations" after changing its mind about the location of a proposed digital advertisement hoarding and granted interim protection permitting the project to proceed pending arbitration. Justice Sandeep V. Marne held that the federation had changed its mind about the site location of the hoarding and that the contractor would suffer irreparable loss if interim protection was denied. “A...
Bombay High Court Orders Disclosure Of Bhutan Contract In Xcalibur–Oil Field Exclusivity Dispute
On 8 June, the Bombay High Court held that parties cannot shield alleged breaches of exclusivity obligations under a joint venture agreement from judicial scrutiny by withholding the very contract in question on the ground of confidentiality. Justice Somasekhar Sundaresan allowed the appeal filed by Bengaluru-based Oil Field Instrumentation India Pvt. Ltd., set aside the arbitral tribunal's order under Section 17 of the Arbitration and Conciliation Act, 1996, and remanded the matter for fresh...
LiveLawBiz Arbitration Cases Weekly Digest: June 1 - June 6, 2026
NOMINAL INDEXNational Highways Authority of India v. T. Younis & Anr., 2026 LLBiz SC 216 Bennett Coleman and Company Limited v. Lord's Mark Industries Limited & Ors., 2026 LLBiz HC (DEL) 583 Ramacivil India Construction Private Limited v. Central Public Works Department & Connected Matters, 2026 LLBiz HC (DEL) 575 Midpoint Commodeal Private Limited v. Fidatocity Homes Private Limited & Ors., 2026 LLBiz HC (DEL) 580 Oracle International Corporation v. CIS IT Solutions Private...
Himachal Pradesh High Court Orders Arbitrator To Complete NHAI Land Compensation Case By 4 December 2026
On 3 June, the Himachal Pradesh High Court held that when a statute requires an authority or arbitrator to perform an act within a prescribed time, the obligation lies on that authority to comply with the statutory timeline and complete the task accordingly. A Single Bench of Justice Romesh Verma, while hearing Mohan Singh (deceased) through legal representatives v. National Highways Authority of India and others, directed the Divisional Commissioner-cum-Arbitrator, Shimla, to conclude the...
Dealership Agreements Terminable On Notice Cannot Be Restored Through Arbitration: Allahabad High Court
The Lucknow Bench of the Allahabad High Court on 15 May held that an arbitral tribunal cannot restore a dealership agreement that either party can terminate by notice. Such a contract is determinable in nature and Section 14 of the Specific Relief Act bars its specific enforcement. A Division Bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh allowed Indian Oil Corporation Limited's (IOCL) appeal, set aside the arbitral award directing restoration of the dealership, and quashed the...
Delhi High Court Appoints Former SC Judge Arun Mishra Arbitrator In NHIDCL Contract Dispute
The Delhi High Court on May 19 dismissed an appeal filed by National Highways Infrastructure Development Corporation Ltd. (NHIDCL) against an order restraining the encashment of bank guarantees furnished by a contractor. With the consent of both sides, the court also appointed former Supreme Court judge Justice Arun Mishra as the sole arbitrator to adjudicate disputes arising from a highway project in Assam. A division bench of Justices Dinesh Mehta and Vinod Kumar upheld a February 24 order...
Supreme Court Refuses To Interfere With Arbitrator Appointment In Nissan Dealership Dispute
The Supreme Court on Monday refused to interfere with a Punjab and Haryana High Court order appointing an arbitrator to resolve disputes between Vision Plus Financial Services (Vision Datsun) and Nissan Motor India Pvt Ltd arising out of a dealership agreement. A bench of Justices Manmohan and Vijay Bishnoi declined to entertain Nissan Motor India's challenge to the March 9, 2026, order by which the High Court appointed former Punjab and Haryana High Court judge Justice Pramjeet Singh Dhaliwal...