ARBITRATION
Delhi High Court Refers ₹1,889 Crore Jindal ITF-NTPC Arbitration Dispute To Third Judge After Split Verdict
The Delhi High Court has referred Jindal ITF Limited's dispute with NTPC Limited over an arbitral award worth about ₹1,889 crore to a third judge or a larger Bench after the two judges differed on whether the award should be upheld. The award arose from disputes over delays and deviations in a project for transporting imported coal to NTPC's Farakka Thermal Power PlantWhile Justice C. Hari Shankar upheld the award on claims concerning project delays and shortfalls, the guaranteed supply of coal...
Delhi High Court Revives Otsuka-Trans Engineers 'NIL' Award, Says Extra Work Claim Was Not Proved
The Delhi High Court on 1 September restored a “NIL” arbitral award rejecting Trans Engineers India Pvt. Ltd.'s Rs. 28.37 crore claim for additional work in Otsuka Chemical (India) Pvt. Ltd.'s Rs. 71 crore turnkey “Lion Project” for expansion of its chemical manufacturing plant at Kotputli, Rajasthan. A Division Bench of Justices Navin Chawla and Madhu Jain held that the Single Judge had exceeded the limited scope of review under Section 34 of the Arbitration and Conciliation Act, 1996 by...
Post-2015 Challenge Does Not Apply Amended Arbitrator Eligibility Rules To Earlier Arbitration: Delhi High Court
The Delhi High Court has recently ruled that merely filing a challenge to an arbitral award after the 2015 amendments to the arbitration law does not, by itself, make the amended rules on arbitrator eligibility applicable to an arbitration that commenced earlier. Justice Jasmeet Singh observed that where arbitration proceedings had commenced before October 23, 2015, the validity of the arbitrator's appointment must be examined under the law applicable to those proceedings. The subsequent...
Supreme Court Allows Adani To Enforce Coal Mining Contract Awards Against UPRVUNL If UCM Assets Fall Short
The Supreme Court has refused to interfere with a ruling permitting Adani Enterprises Ltd to pursue execution proceedings against Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd and other constituent entities of UCM Coal Company Ltd. It clarified, however, that Adani's claim must first be satisfied through UCM Coal Company's assets. Execution against the other entities can proceed only if any amount remains unpaid.A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and...
Delhi High Court Says Advance Service Mandatory For Fair Hearing In Second Plea Over Nagpur Logistics Park
The Delhi High Court on 1 September dismissed a second petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by DC Multi Modal Park Pvt. Ltd., after noting that the company had obtained a status quo order without advance-serving the successful bidder, even though it had the bidder's complete contact details.Justice Tushar Rao Gedela held that advance service in proceedings seeking interim relief is essential to ensure that parties who may be affected by an order get...
Once Referred To Arbitration Suit Cannot Remain Pending Before Civil Court: Calcutta High Court
The Calcutta High Court on 31 August held that once a civil court refers parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, the suit does not remain pending before the civil court. A Division Bench of Justices Sabyasachi Bhattacharyya and Sandip Kumar De allowed an appeal by Badri Narayan Bhatter and another, restored a partition suit and directed the Trial Court to appoint a Receiver for the disputed Kolkata property. The judges held: “...Section 8 of the...
Bombay High Court Restrains Former Licensee From Using 'Mount Litera Zee School' Mark Pending Arbitration
On 1 September, the Bombay High Court restrained a Dehradun-based school from using the “MOUNT LITERA ZEE SCHOOL” and “MLZS” marks and the MLZS Program pending arbitration.Justice Amit Borkar partly allowed a petition filed by Zee Learn Limited seeking interim relief against Pragati Shiksha Shrot Trust, Dehradun, pending arbitral proceedings. He held that a former licensee cannot continue using a licensor's mark after termination of the licence agreements. He observed:“Pending commencement and...
LiveLawBiz Arbitration Cases Monthly Digest: August 2026
NOMINAL INDEXSantosh Associate Private Limited v. Haryana State Industrial and Infrastructure Development Corporation Ltd., 2026 LLBiz SC 277 Central Depository Services (India) Limited v. Daksha Narendra Bhavsar & Anr., 2026 LLBiz SC 268 National Projects Construction Corporation Ltd. v. Ishvakoo (India) Pvt. Ltd., 2026 LLBiz SC 266 Rajasthan Rajya Vidyut Utpadan Nigam Ltd. v. Parsa Kente Collieries Limited, 2026 LLBiz SC 262 KKH Finvest Pvt. Ltd. and Another v. Ashiesh Shukla and...
India's “Abeyance” Of Indus Waters Treaty With Pakistan Impermissible: Permanent Court of Arbitration
On 31 August 2026, the Permanent Court of Arbitration at The Hague, held that India's decision to keep the 1960 Indus Waters Treaty “in abeyance” did not suspend or terminate the Treaty. It remains fully in force and India remains bound by its obligations under it. A five-member Court comprising Professor Sean D. Murphy (Chair), Professor Wouter Buytaert, Professor Jeffrey P. Minear, Judge Awn Shawkat Al-Khasawneh and Dr Donald Blackmore delivered the decision. It observed: “....the Court...
Delhi High Court Orders Forensic Audit To Trace Alleged Fortis Share Dissipation In Daiichi Arbitration Case
On 31 August, the Delhi High Court ordered a comprehensive forensic audit into the alleged dissipation of assets involving Fortis Healthcare Limited (FHL), its former promoters Malvinder Mohan Singh and Shivinder Mohan Singh, their downstream entities, and 17 banks and financial institutions. Justice Subramonium Prasad directed S Ramanand Aiyar & Co. to reconstruct the chain of transactions involving Fortis shares, identify the persons and entities involved, and examine whether Court orders...
Supreme Court To Examine Arbitral Tribunal's Power To Grant Interim Monetary Relief On Disputed Claims
The Supreme Court on Tuesday, 1 September, said it would examine whether an arbitral tribunal can grant interim monetary relief on disputed claims under Section 17 of the Arbitration and Conciliation Act, 1996. A Bench of Justices P.S. Narasimha and Alok Aradhe issued notice on Larsen & Toubro Ltd.'s challenge to a Delhi High Court judgment which set aside an interim direction requiring India International Convention and Expo Centre Ltd. (IICECL) to release approximately Rs. 227 crore to...
Karnataka High Court Allows Villa Buyer To Place RTI Records In Award Challenge Over Occupancy Certificate
The Karnataka High Court on 25 August partly allowed villa buyer A.R. Krishnamani's petition and set aside an order of the Bengaluru Additional City Civil and Sessions Judge refusing to take on record Right to Information (RTI) replies and other official documents concerning a disputed occupancy certificate. Justice Suraj Govindaraj held that a party challenging an arbitral award on the ground of fraud can produce additional evidence before a Court exercising jurisdiction under Section 34 of...