Expeditious Arbitration Alone Does Not Establish Arbitral Award Was Procured By Fraud: Calcutta High Court

The Calcutta High Court recently held that the mere expeditious conclusion of arbitral proceedings, by itself, does not establish fraud vitiating an award. Fraud must be demonstrated through cogent attending circumstances and cannot be inferred from speed alone. The bench of Justices Debangsu Basak and Shabbar Rashidi set aside an order passed by the executing court in an award arising from a sale dispute, holding that no case of fraud had been made out. The court held, “Simplicitor on the...

Mere Exchange Of Letters Cannot Extend Limitation For Plea For Appointment Of Arbitrator: Kerala High Court

The Kerala High Court on Tuesday held that mere exchange of letters or representations between parties cannot extend the limitation period for filing an application seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Justice S. Manu observed that once limitation begins to run, recurrent communications between parties cannot stop or stretch the statutory period. “If a party waits indefinitely, without seeking reference by approaching the Court...

Interim Order Directing Release Of Award Amount Not Appealable Under S. 37, Arbitration Act: Gauhati High Court

The Gauhati High Court recently observed that an order directing the release of a deposited award amount during the pendency of a Section 34 challenge cannot be appealed under Section 37 of the Arbitration and Conciliation Act, 1996. The bench of Justice Robin Phukan held an appeal filed by the National Highways Authority of India (NHAI) against an interim order directing the release of the award amount to a landowner to be non-maintainable. The court held, “The upshot of aforesaid discussion...

Pending Criminal Proceedings Even In Life Imprisonment Cases Don't Bar Arbitration: Bombay High Court

The Bombay High Court on Tuesday held that criminal proceedings or allegations of serious offences, even those punishable with life imprisonment, do not by themselves make a dispute unsuitable for arbitration. Before declining to hear such a dispute, an arbitral tribunal must explain how the allegations amount to "serious fraud" with wider public implication Justice Gauri Godse allowed Capalpha Trade Pvt Ltd's appeal and set aside an arbitral tribunal's August 3, 2023 order. The tribunal had...

Bombay High Court Upholds Award Rejecting LPG Distributor's ₹40 Crore Claim Against Reliance Petro

The Bombay High Court has recently upheld an arbitral award rejecting most of an LPG distributor's nearly ₹40 crore damages claim against Reliance Petro Marketing Ltd. It held that the arbitrator's interpretation of the distribution agreements and the evidence on record warranted no interference. Justice Kamal Khata held that the award dated March 25, 2021 was neither vitiated by patent illegality nor contrary to the fundamental policy of Indian law. "Accordingly, this Court is of the...

Bombay HC Protects Bombay Group's Continued Use Of 'Vadilal' Trademark Pending Family Settlement Arbitration

The Bombay High Court has recently granted interim protection to one branch of the Gandhi family behind the Vadilal brand. It restrained Vadilal Industries Ltd., Vadilal International Pvt. Ltd. and other Ahmedabad Group entities from interfering with the Bombay Group's continued use of the "Vadilal" trademark in Maharashtra, Goa, Karnataka, Kerala, Andhra Pradesh and Telangana until arbitration over a family settlement is decided. Justice Amit Borkar held that the Bombay Group had established a...

LiveLawBiz Arbitration Cases Weekly Digest: June 22 - June 28, 2026

Nominal IndexT.K.A. Padmanabhan v. Abhiyan Cooperative Group Housing Society Ltd., Through Its Secretary, 2026 LLBiz SC 229M/s Bafna Global Venture Pvt. Ltd. v. National Council of Educational Research and Training (NCERT) & Anr., 2026 LLBiz HC (DEL) 639NHAI v. Patel Karsanbhai and Others, 2026 LLBiz HC (GUJ) 73M/s. Soham Consultancy Services v. Limbdi Nagarpalika, 2026 LLBiz HC (GUJ) 74Pandya Naresh Chandra Through POA Gaurang Bhavsar v. Shalin Infrastructure & Ors., 2026 LLBiz HC (GUJ)...

Madras High Court Restores Arbitral Award, Says District Judge Erred In Calling It 'Hypothetical'

The Madras High Court at Madurai has recently set aside an order of the Madurai Principal District Judge insofar as it annulled an arbitral award granting ₹14.04 lakh as an early completion bonus to a contractor in a dispute with the Union of India over the construction of a Kendriya Vidyalaya school building at Sivagangai. The bench of Justice V. Lakshminarayanan held that the Principal District Judge's characterisation of the arbitral award as "hypothetical" reflected non-application of mind....

India's Ratification Of New York Convention On Arbitral Award Enforcement Does Not Waive Sovereign Immunity: UK Court

Following a similar ruling by the High Court of Australia earlier this year, the United Kingdom Court of Appeal has held that India's ratification of the 1958 New York Convention did not, by itself, amount to a waiver of sovereign immunity or a submission to the jurisdiction of English courts for the enforcement of arbitral awards. The dispute arose from claims by Mauritian investors in India-based Devas Multimedia Private Limited over the cancellation of a satellite spectrum project. Under a...

Calcutta High Court Upholds Setting Aside of ₹19.68 Crore Arbitral Award Against SAIL Over Demurrage Claim

The Calcutta High Court has recently dismissed an appeal filed by Vizag Seaport Private Limited (VSPL) and upheld an earlier order setting aside a majority arbitral award. The award had directed the Steel Authority of India Ltd. (SAIL) to pay nearly ₹19.68 crore towards claimed demurrage and storage charges. The court held that the parties' Short Term Agreement (STA) did not provide for such charges. It also held that VSPL had waived its right to claim them by not seeking to include such a...

Bombay High Court Sets Aside ₹32.79 Crore Arbitral Award To Adani Enterprises In Machhakata Coal Block Dispute

The Bombay High Court on Thursday set aside an arbitral award directing Mahaguj Collieries Ltd to pay about ₹32.79 crore to Adani Enterprises Ltd towards land acquisition expenses incurred for the Machhakata coal block in Odisha. The court held that the dispute could not have been decided through a summary award. Justice Somasekhar Sundaresan held that the arbitral tribunal had not analysed the Coal Mining Services Agreement (CMSA) or applied Sections 56 and 65 of the Contract Act to the...

Delhi High Court Restrains NCERT From Invoking ₹6.09 Crore Bank Guarantee Against Paper Supplier

The Delhi High Court has restrained the National Council of Educational Research and Training (NCERT) from taking coercive steps to invoke a ₹6.09 crore bank guarantee furnished by a paper supplier. It also directed that no coercive action be taken pursuant to NCERT's order terminating the supply contract and debarring the company for two years, until the next hearing on July 20. Justice Mini Pushkarna passed the interim order in an arbitration petition filed by Bafna Global Venture Pvt. Ltd....