ARBITRATION

Rajasthan High Court Quashes ₹198.04 Cr. Award Against JDA, Says Arbitrator Rewrote Concession Agreement
The Rajasthan High Court on 17 August set aside an arbitral award granting Rs. 198.04 crore to Rohan Rajdeep Rajasthan Infra Project Limited against the Jaipur Development Authority (JDA) and the Rajasthan Government in connection with the Ghat Ki Guni BOT tunnel project. A Division Bench comprising Justices Arun Monga and Sandeep Taneja allowed JDA and the State's appeal and held that an arbitrator cannot shift contractual risks allocated to a developer or award compensation without...

MSME Registration Does Not Automatically Override Existing Arbitration Agreement: Bombay High Court
The Bombay High Court on 25 August held that registration under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) does not by itself override an agreed contractual arbitration mechanism, where the statutory process before the Micro and Small Enterprises Facilitation Council has not actually been invoked. Justice Amit Borkar allowed Qwik Supply Chain Private Limited's application under Section 11 of the Arbitration and Conciliation Act, 1996 and appointed Advocate...

J&K And Ladakh High Court Holds SIDCO MD Ineligible To Act As Arbitrator In Contract Dispute With UT
The High Court of Jammu & Kashmir and Ladakh on 21 August held that the Managing Director of J&K State Industrial Development Corporation (SIDCO) was ineligible to act as an arbitrator in a dispute between Abraq Infrastructures LLP and the Union Territory, as he was an employee of one of the respondents. Acting Chief Justice Sanjeev Kumar allowed Abraq Infrastructures LLP's petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed a Retired District and...

Jharkhand High Court Rejects State's Challenge To Delhi As Arbitral Seat After 2.5 Years
The Jharkhand High Court on 20 August, dismissed the Jharkhand Road Construction Department's challenge to an Arbitral Tribunal's decision fixing Delhi as the seat of arbitration in its dispute with Ramky Infrastructure Limited. A Single Judge Bench of Justice Ananda Sen held that the Department's continued participation in the proceedings without a timely objection amounted to waiver under Section 4 of the Arbitration and Conciliation Act, 1996. He explained: “The 'seat of arbitration' is the...

Court Holds Court Fee Cannot Be Retained For Non-Maintainable Appeal: Madras High Court
The Madras High Court on 6 August held that court fee paid for an appeal that is not maintainable cannot be retained by the State, as such collection would be without the authority of law and result in unjust enrichment. A Division Bench comprising Justices G.R. Swaminathan and K.K. Ramakrishnan refused to entertain J. Murugavel's appeal against Pichai, Proprietor of Vel Murugan Traders, filed under Section 37(2) of the Arbitration and Conciliation Act, 1996, challenging a final arbitral award....

Closure of Interim Pleas for Non-Payment of Arbitral Fees Not Appealable: Delhi High Court
The Delhi High Court on 18 August held that an arbitral tribunal's order closing a party's interim relief applications and counterclaim for non-payment of arbitral fees is procedural and does not amount to an order granting or refusing interim relief appealable under Section 37 of the Arbitration and Conciliation Act, 1996. Justice Om Prakash Shukla dismissed as non-maintainable the appeal filed by Orbit In-Te-Rio against American Epay Services Pvt. Ltd., while granting the former liberty to...

Foreign Award Can Be Enforced And Executed By High Court In A Single Proceeding: Madhya Pradesh HC
The Madhya Pradesh High Court on 21 August held that a foreign arbitral award can be enforced and executed by the High Court in the same proceeding without requiring a separate execution case before a subordinate court. Justice Vinay Saraf rejected the oral objections raised by Shri Mittal Agritech Pvt. Ltd. to execution of the foreign award obtained by Moshers, holding that once a foreign award is declared enforceable under Sections 47 and 48 of the Arbitration and Conciliation Act, 1996, it...

LiveLawBiz Arbitration Cases Weekly Digest: August 17 - August 23, 2026
NOMINAL INDEXSantosh Associate Private Limited v. Haryana State Industrial and Infrastructure Development Corporation Ltd., 2026 LLBiz SC 277 Union of India v. M/s ANS Construction Ltd., 2026 LLBiz HC (DEL) 851 Transtonnelstroy Afcons JV Chennai Metro Limited v. Oriental Insurance Company Limited, 2026 LLBiz HC(DEL) 848 Ratnagiri Gas and Power Pvt. Ltd. v. Dinowic Pte Ltd., 2026 LLBiz HC(DEL) 842 Bharat Heavy Electricals Ltd. v. Fitwell Constructions, 2026 LLBiz HC(DEL) 840 India Tourism...

Madhya Pradesh HC Reiterates Three-Year Limitation Law Cannot Bar Landowner's Claim Under NH Act
The Madhya Pradesh High Court on 10 August set aside an order upholding an arbitral award that had rejected a landowner's claim for enhancement of compensation for land acquired for widening National Highway No. 12. Justice Deepak Khot reiterated that the three-year limitation period under Article 137 of the Limitation Act, 1963 does not apply to statutory arbitration proceedings under Section 3G(5) of the National Highways Act, 1956, and that the Arbitrator must adopt a justice-oriented...

MSME Council Must Follow Mandatory Arbitration Process Before Passing Award: Madras High Court
On 19 August, the Madras High Court held that an award passed by the Chennai Region Micro, Small and Medium Enterprises Facilitation Council without initiating arbitration as required under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) cannot be sustained. Justice P.B. Balaji set aside the Rs. 33.40 lakh award passed in favour of Mahalakshmi Trading Corporation against 3F Industries Ltd., holding that the Council had proceeded straight to an “Award”...

Delhi High Court Says Consent Awards Open To Challenge, Upholds Award In BDR Builders Dispute
The Delhi High Court on 18 August dismissed a property owner's challenge to a consent arbitral award directing specific performance of an agreement to sell his Vasant Vihar property in favour of BDR Builders and Developers Private Limited.Justice Harish Vaidyanathan Shankar, however, held that a consent arbitral award, though subject to a narrower scope of interference, can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996 to examine whether the settlement was lawful,...

No Intra-Court Appeal Against Arbitration Execution Orders Not Otherwise Appealable: Telangana High Court
The Telangana High Court has held that two orders passed in execution proceedings relating to an international commercial arbitration award could not be challenged through a Letters Patent appeal as they were not appealable under the statutory provisions governing such appeals.The Division Bench comprising Justice K. Lakshman and Justice B.R. Madhusudhan Rao observed:“The Act, 1996, is a self-contained code which governs all matters pertaining to arbitration, including the right to file appeals....
