ARBITRATION
Delhi High Court Refers Flemingo-AAI Dispute To Arbitration, Says Conditional Notice Is Not Invocation
The Delhi High Court on 7 September referred a dispute between Flemingo (DFS) Private Limited and the Airports Authority of India (AAI) concerning the operation of duty-free shops at Amritsar Airport to arbitration. Justice Jasmeet Singh appointed Justice Shalinder Kaur (Retd.) as the sole arbitrator to adjudicate the disputes, holding that Flemingo's earlier communications did not amount to invocation of arbitration and that its petition under Section 11(6) of the Arbitration and Conciliation...
Authority Letter Allowing Partner To “Deal” With Firm Property Not Blanket Sale Power: Bombay High Court
The Bombay High Court has held that an authority letter allowing a partner to “deal” with partnership property cannot by itself be treated as a blanket power to sell or transfer the firm's immovable properties.The court observed that the authority letters gave the partner “authority of some substance”, but did not confer an unrestricted power to sell or transfer the firm's immovable properties.Justice Amit Borkar, while deciding a plea under the Arbitration Act seeking interim relief...
Delhi High Court Restrains TruCap Finance From Disposing Assets Worth Rs. 1.70 Crore
The Delhi High Court on 1 September restrained TruCap Finance Limited from creating third-party rights or encumbrances over, or disposing of, assets worth up to Rs. 1.70 crore in a dispute with UGRO Capital Limited. Justice Om Prakash Shukla also appointed Advocate Manisha Suri as the sole arbitrator to adjudicate the dispute arising from a co-lending arrangement between the two non-banking financial companies. The Bench observed: “Having heard learned Senior counsel for the Petitioner and...
LiveLawBiz Arbitration Cases Weekly Digest: August 31 - September 5, 2026
NOMINAL INDEXUttar Pradesh Rajya Vidyut Utpadan Nigam Limited (UPRVUNL) v. M/s Adani Enterprises Limited, 2026 LLBiz SC 291Larsen and Toubro Limited v. India International Convention and Exhibition Centre LimitedZee Learn Limited v. Pragati Shiksha Shrot Trust, 2026 LLBiz HC (BOM) 472M/s URC Construction (P) Ltd. v. Airports Authority of India, 2026 LLBiz HC (DEL) 922Omaxe Ltd. v. Asha Saini, 2026 LLBiz HC (DEL) 917Jindal ITF Limited v. NTPC Limited & Anr., 2026 LLBiz HC (DEL) 916Otsuka...
Legal Heir Can Challenge Arbitral Award Despite Not Participating In Proceedings: Delhi High Court
The Delhi High Court has held that a legal representative of a deceased party can challenge an arbitral award even if the legal representative did not participate in the arbitration.Justice Swarana Kanta Sharma was dealing with a plea by Faisal Ahmed, one of the nine legal heirs of late Sultan Ahmed, who sought to participate in arbitration proceedings concerning his father's rights in a shop at the Hyatt Regency Shopping Arcade, New Delhi. The court declined to stop the arbitration, which had...
Formal Notice Of Arbitral Award Not Always Needed To Start Limitation For Challenge: Bombay HIgh Court
The Bombay High Court has reiterated that the limitation for challenging an arbitral award under the Arbitration Act, 1940, need not remain paused until formal court notice is issued if the party is otherwise aware of the award.Relying on apex court rulings, the court ruled, “The precise form of what constitutes as a 'notice' of filing the Award is unspecified. However, interpreted reasonably, what must be required is that the parties come to know about the existence of the Award so that any...
Rajasthan High Court Sets Aside Arbitral Award For Failing To Identify Disputed Facts, Consider Evidence
The Rajasthan High Court has reiterated that an arbitral award based solely on pleadings, without framing issues concerning serious disputed facts or considering evidence, violates the principles of natural justice. It further held that such an award is against the public policy of India under Section 34 of the Arbitration and Conciliation Act, 1996. Relying on several apex court precedents, the court ruled, “Thus, the above Legal precedents make it clear that an arbitral award issued without...
Justice Rohinton F. Nariman Calls For Direct Division Bench Appeals Against Domestic Arbitral Awards
Former Supreme Court Judge Justice Rohinton F. Nariman on Friday called for doing away with the Single Judge stage for challenges to domestic arbitral awards and allowing parties to go directly before a High Court Division Bench, with a full appeal on both facts and law. He suggested that the Division Bench decide such appeals within one year. Justice Nariman also stressed that the arbitration regime must ensure not only speed and cost-effectiveness, but also accuracy, so that awards which are...
Copyright Disputes Can Be Resolved Through Arbitration Despite Remedy Under Copyright Act: Madras High Court
The Madras High Court has ruled that a copyright infringement dispute can be resolved through arbitration when the parties have agreed to that mode of dispute resolution, holding that the civil remedy available under the Copyright Act does not prevent arbitration.Justice K. Kumaresh Babu ruled,“It is true that Section 55 provides for a civil remedy in an infringement of a copyright. There can be no doubt that the civil remedy can also be by a process of arbitration, as arbitration is in the form...
Arbitration, Mediation Should Be Primary Modes Of Dispute Resolution, Not Alternatives: Justice K.V. Viswanathan
Supreme Court Judge Justice K.V. Viswanathan on Thursday said that arbitration and mediation should increasingly be viewed as primary modes of dispute resolution rather than merely alternatives to conventional litigation. He said the central question today was no longer whether arbitration should be encouraged, but what kind of arbitral system India should build. Justice Viswanathan was delivering the keynote address at the inaugural session of the Gujarat High Court Arbitration Centre...
Delhi High Court Lays Down Guidelines For Execution Of Insufficiently Stamped Domestic Arbitral Awards
The Delhi High Court has laid down detailed guidelines to its registry for ensuring compliance with stamp duty and registration requirements in petitions seeking enforcement of domestic arbitral awards.The directions come after the court held that an inadequately stamped arbitral award cannot be acted upon at the enforcement stage merely because the decree holder subsequently deposits the deficient stamp duty. Where adequate stamp duty is sought to be paid after the permissible period, the...
Homebuyer Can Claim Delay Compensation Through Arbitration Over RERA, Consumer Law Remedies: Delhi High Court
The Delhi High Court has ruled that a homebuyer can claim compensation for delayed possession through arbitration even though remedies are also available under the Real Estate (Regulation and Development) Act, 2016, and the Consumer Protection Act, 2019.“Merely because the Respondent elected to invoke the arbitration agreement instead of pursuing remedies under the Consumer Protection Act, 2019 or RERA, it cannot be deprived of compensation otherwise legally payable for delayed...