Delhi HC Upholds Award, Says ACC Must Pay Over ₹10 Crore To Engineering Projects For Mining Project Defaults

The Delhi High Court has upheld an arbitral award holding a subcontractor liable to pay over Rs.10 crore to the main contractor under a back-to-back contract for losses caused by its own poor performance.Justice Harish Vaidyanathan Shankar said: “The recovery of a proportionate share of those penalties from ACC, as the party whose underperformance caused the termination, is a straightforward application of the contractual framework and of the back-to-back principle that governed the parties...

Bombay High Court Upholds UPL Insurance Award, Holds Dispute Is Of 'Quantum' Not 'Liability'

On 22 April, the Bombay High Court held that it would not interfere under Section 34 of the Arbitration and Conciliation Act, 1996 where an arbitral tribunal adopts a plausible view that a dispute concerns “quantum” rather than “liability”, and upholds an arbitral award arising from an insurance claim under an Industrial All Risk Policy. Justice Sandeep V. Marne dismissed the petition filed by United India Insurance Company Ltd and upheld the arbitral award in favour of UPL Ltd. He observed: ...

Limitation No Ground To Refuse Arbitration Reference Unless Claim Is Clearly Time- Barred: J&K&L High Court

The High Court of Jammu and Kashmir and Ladakh has reiterated that a plea of limitation cannot by itself block the appointment of an arbitrator unless the claim is clearly time-barred, and that such questions should ordinarily be left to the arbitral tribunal. A bench of Justice Sanjay Dhar relying on earlier precedents held,“at the time of considering a petition under Section 11(6) of the Act, unless it is shown that the claim is ex facie time barred or hopelessly time barred, the Court...

Madras High Court Sets Aside Rental Loss In Arbitral Award Against VLCC In Lease Dispute

The Madras High Court has partly allowed an appeal filed by VLCC Health Care Limited, setting aside the rental loss component of an arbitral award while upholding damages and arrears of rent against the company.The court held that once possession of the premises had been handed over, a claim for rental loss for the subsequent period was unsustainable. A Division Bench of Justices P. Velmurugan and K. Govindarajan Thilakavadi was dealing with an appeal under Section 37 of the Arbitration and...

Delhi High Court Sets Aside Arbitral Award In Samsung–PTC Dispute Over Unilateral Arbitrator Appointment

The Delhi High Court has recently set aside a 2018 arbitral award arising out of disputes between PTC Techno Pvt. Ltd. and Samsung India Electronics Pvt. Ltd., holding that the appointment of the arbitrator by an official of Samsung was legally impermissible. A Single Bench of Justice Avneesh Jhingan held that the sole arbitrator, Justice Sunil Ambwani (Retd.), had been appointed by the Vice President of the respondent company, which was contrary to Section 12(5) of the Arbitration and...

Delhi High Court Upholds Award For HCL Technologies, Rejects Time Extension From Earlier Proceedings

The Delhi High Court on 23 April upheld an arbitral award in favour of HCL Technologies Ltd., holding that Sahaj Bharti Travels' claim of over Rs. 3.27 crore towards unpaid Minimum Running Guarantee dues under an employee transport agreement was time-barred. Justice Subramonium Prasad upheld the Tribunal's refusal to exclude the nearly three-year period (August 2019 to May 2022) spent before the NCLT and NCLAT while computing limitation, as the proceedings were dismissed on merits and not for...

Delhi High Court Upholds Arbitral Award Denying Distributor's Loss Of Profit Claim Against Bausch & Lomb

The Delhi High Court has recently upheld an arbitral award passed in favour of Bausch & Lomb India Pvt. Ltd., a leading eye-care products manufacturer. It rejected claims of OSA Vendita Pvt. Ltd., its non-exclusive distributor in Kolkata, for loss of profits. The court found that the distributorship agreement for the supply of eye-care products did not stipulate any assured or fixed sales commitment. In the absence of such a stipulation, the distributor could not recover losses arising...

Society Election Disputes Involve Collective Rights, Not Arbitrable: Delhi High Court

Holding that disputes arising out of a society's election process are inherently non-arbitrable, the Delhi High Court refused to appoint an arbitrator and declined interim relief to stay the upcoming elections of the Akhil Bhartiya Agrawal Sammelan. “An election of a society comprising approximately 1,20,000 members involves collective rights. A challenge to the election process, the appointment of a Chief Election Officer, or the validity of the voter list is not a private dispute between two...

LiveLawBiz Arbitration Cases Weekly Digest: April 20- April 25, 2026

Nominal IndexV.K. John S. Mukanchand Bothra and HUF (Died) Represented By Lrs. & Ors., 2026 LLBiz SC 163Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi, 2026 LLBiz SC 168UPM Kymmene Corporation v. The State Trading Corporation of India Ltd., 2026 LLBiz HC (DEL) 413Delhi Jal Board v. M/s Metro Waste Handling Private Limited, 2026 LLBiz HC (DEL) 394Titagarh Rail Systems Limited v. Railway Board, Ministry of Railways, 2026 LLBiz HC (DEL) 406Indian Sugar Exim Corporation Limited v. Sakuma...

Arbitral Award Sent To Last Known Address Is Valid Service; Limitation Runs From Attempted Delivery: Bombay HC

The Bombay High Court has reiterated that an arbitral award dispatched to a party's last known address amounts to valid service in law, even if the party does not actually receive it, and the limitation to challenge the award begins from the date of attempted delivery. Justice Sharmila U. Deshmukh held that, “Once the signed copy of the Award is shown to have been dispatched to the last known address of the Applicants, the same is sufficient to raise the deeming fiction under Section 3(2) and...

MP High Court Sets Aside Arbitral Award In Insulator Supply Dispute For Patent Illegality

Setting aside an arbitral award in a dispute over the supply of disc insulators for transmission lines, the Madhya Pradesh High Court has found that the award was vitiated by patent illegality, noting that the arbitrator overlooked key provisions of the Contract Act and returned findings that did not align with the contractual record. The Bench of Justices Vivek Rusia and Pradeep Mittal said the November 16, 2018 award was marked by fundamental errors. It pointed out that the arbitrator had...

Telangana HC Restores ₹168 Crore Award, Says Pending Plea No Bar To Consensual Appointment Of Arbitrator

The Telangana High Court has set aside a Commercial Court order that annulled a Rs. 168.36 crore arbitral award against the Hyderabad Metropolitan Development Authority and others in a contract dispute with Ramky Elsmex Hyderabad Ring Road Limited. The court held that the consensual appointment of a presiding arbitrator is not rendered invalid only because an application for such appointment was pending before the court.Rejecting the Hyderabad Metropolitan Development Authority's contention that...