Arbitrability Of Dispute To Be Decided By Arbitral Tribunal, Not At Arbitrator Appointment Stage: Bombay High Court

The Bombay High Court has recently reiterated that whether an insurance dispute is ultimately arbitrable need not be decided while appointing an arbitrator, leaving that question for the arbitral tribunal to consider.“A distinction has to be maintained between the final issue whether the dispute is arbitrable and the limited enquiry which this Court is required to undertake at the stage of appointment of an Arbitrator,” Justice Amit Borkar observed.The court accordingly appointed former Kerala...

LiveLawBiz Arbitration Cases Weekly Digest: August 10 - August 16, 2026

NOMINAL INDEXCentral Depository Services (India) Limited v. Daksha Narendra Bhavsar & Anr., 2026 LLBiz SC 268Justice K.V. Viswanathan and Justice Alok Aradhe, 2026 LLBiz SC 266Omaxe Ltd. v. Mr. Joginder Singh Nijjar & Anr., 2026 LLBiz HC(DEL) 834Union of India, Through Secretary, Department of Telecommunications, Ministry of Communications, Govt. of India v. Sterlite Technologies Limited, 2026 LLBiz HC(DEL) 817P. Perumal Transports v. Bharat Petroleum Corporation Limited & Connected...

Common Arbitrators Must Explain Contradictory Views In Related Disputes: Delhi High Court

The Delhi High Court has held that, in peculiar circumstances involving common arbitrators and identical contractual provisions, an unexplained departure from an earlier view in a related dispute can justify interference with an arbitral award.“The common members of the Arbitral Tribunal are obliged to justify the different view being taken by them in the subsequently passed impugned Award.”, the bench ruled. A Division Bench comprising Justice V. Kameswar Rao and Justice Manmeet Pritam Singh...

Bombay High Court Refuses To Restore Terminated LPG Transport Contract Pending Arbitration

The Bombay High Court has refused to order Bharat Petroleum Corporation Limited (BPCL) and Indian Oil Corporation Limited (IOCL) to resume LPG load allotments to tank-truck operators whose transport arrangements were terminated. The court held that such a direction would effectively revive the terminated contractual relationship while the dispute is pending arbitration.Justice Amit Borkar observed, “if prayer clause (b) is granted, result would be that contractual relationship which has been...

Delhi High Court Orders Omaxe To Refund ₹3.35 Crore After Developer Stopped Assured Returns

The Delhi High Court has upheld an arbitral award directing Omaxe Ltd. to refund ₹3.35 crore to two co-allottees of a commercial unit in Omaxe Novelty Mall at Lawrence Road, Amritsar.A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora also upheld the interest awarded by the tribunal and ₹25 lakh in costs. It further imposed ₹2 lakh in costs on Omaxe, payable equally to the two co-allottees within two weeks.The court ruled that Omaxe could not compel the...

Calcutta High Court Directs An Arbitral Tribunal To Record Chief Examination Of All Witnesses Before Cross-Examination

The Calcutta High Court has directed an arbitral tribunal to record the chief examination of all witnesses proposed by a claimant before beginning the cross-examination of any of them. The court held that this was necessary to prevent a later witness from filling gaps in the evidence of an earlier witness and prejudicing the other side.Justice Shampa Dutt (Paul), setting aside a procedural order passed by the sole arbitrator in a dispute between the Kolkata Municipal Corporation and Bengal...

MSME Supplier's Interest Claim Cannot Be Denied Merely Because Principal Dues Are Paid: Gauhati High Court

The Gauhati High Court has recently ruled that an MSME supplier's claim for statutory interest on delayed payments cannot be disregarded merely because the principal contractual amount has subsequently been paid.Justice Kaushik Goswami observed, “Section 17 of the MSMED Act expressly makes the buyer liable to pay the amount due together with interest thereon as provided under Section 16. Therefore, subject to verification of the relevant dates of acceptance/deemed acceptance and the period of...

Qatar Holding Moves Karnataka High Court To Enforce SGD 7.2 Million SIAC Award Against Byju Raveendran

Qatar Holding LLC has moved the Karnataka High Court seeking enforcement of a SGD 7.2 million (₹53.2 Crore) arbitral award passed under the Singapore International Arbitration Centre (SIAC) Rules against Byju Raveendran and Byju's Investments Pte. Ltd. (BIPL).The present proceedings are Qatar Holding's second plea before the Karnataka High Court arising from the arbitration. The earlier plea concerned the Partial Final Award dated July 14, 2025, while the present petition seeks enforcement of...

Delhi High Court Upholds Award Setting Aside ₹8.55 Crore DoT Demand Against Sterlite Technologies

The Delhi High Court has upheld an arbitral award in favour of Sterlite Technologies Limited, rejecting the Union government's challenge to an award that had set aside a ₹8.55 crore demand raised by the Department of Telecommunications (DoT).Justice Avneesh Jhingan ruled that the arbitrator's finding that Sterlite provided only passive telecom infrastructure, rather than unlicensed end-to-end bandwidth services. This, according to the court, was a plausible view that did not warrant interference...

Bombay High Court Refuses EV Licensees Interim Relief In Arbitration Over Mumbai Airport Charging Stations

The Bombay High Court has refused to allow three EV charging station licence holders to restart their projects on Airports Authority of India (AAI) land in Mumbai, holding that such relief could effectively restore performance under license agreements that AAI had sought to terminate.Justice Amit Borkar observed that the interim reliefs sought under the Arbitration Act were mandatory in nature to a considerable extent and went beyond merely preserving the existing position. “Petitioners do not...

Telangana High Court Allows Retired Partner To Invoke Arbitration Clause In Reconstitution Of Partnership Deed

The Telangana High Court has held that a retired partner could invoke an arbitration clause in a Reconstitution of a partnership deed (retirement deed) because the clause covered disputes between the parties and did not limit arbitration to existing partners.Referring to Article 12 of the deed, Justice K. Lakshman ruled, “The arbitration clause clearly specifies that the disputes arising between the parties shall be referred to arbitration. It is nowhere stated that disputes between existing...

CPC Applies To Court Proceedings Arising From Arbitration Unless Excluded: Patna High Court

The Patna High Court on 6 August held that while the Code of Civil Procedure, 1908 (CPC) does not bind arbitral tribunals, it applies to court proceedings arising from an arbitral award unless expressly excluded. A Division Bench comprising Justices Rajeev Ranjan Prasad and Ramesh Chand Malviya set aside a Commercial Court order dismissing the Bihar State Warehousing Corporation's challenge to a Rs. 5.99 crore arbitral award after it cured a Rs. 245 court fee deficit 62 days beyond the...