High Courts
Housing Society Bound By Arbitration Clause In Individual Sale Agreements: Bombay High Court
On 10 February, the Bombay High Court held that a co-operative housing society, although a distinct legal entity, is a “veritable party” to the agreements signed by its individual members and is therefore bound by the arbitration clauses embedded within them. The Single Bench of Justice Somasekhar Sundaresan, emphasised that when a society is formed specifically to represent the collective interests of homebuyers, it inherits the obligations of arbitration contained in the individual sale...
Executing Court Cannot Impose Onerous Conditions For Release Of Arbitral Award Without Stay: Punjab & Haryana High Court
The Punjab and Haryana High Court has set aside a condition imposed by an executing court that required an award-holder to furnish a bank guarantee to obtain release of an arbitral award amount. The court held that no such condition can be imposed by the executing court in the absence of any interim stay. A bench of Justice Jasgurpreet Singh Puri held that once objections to an arbitral award are dismissed and no interim order is granted in appeal, the executing court is bound to execute the...
No Appeal Lies Against Conditional Stay Of Arbitral Award: Calcutta High Court
The Calcutta High Court has recently held that an appeal does not lie against an order granting conditional stay of an arbitral award, observing that such orders fall outside the narrow appellate framework prescribed under arbitration Act. Section 36(2) of the Arbitration and Conciliation Act, 1996, allows a party that has challenged an arbitral award in court to seek a stay on the enforcement of that award. A Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi dismissed...
Limitation To Challenge Arbitral Award Starts On Postal Delivery To Party Not Email To Lawyer: Patna High Court
The Patna High Court has recently ruled that the limitation period to challenge an arbitral award starts only when the party itself receives a signed copy of the award by registered post, and not when a signed copy is merely received on the email of the party's lawyer. "Thus, a conjoint reading of sub-section (5) of Section 31 and sub-section (3) of Section 34 would make it clear that the reckoning point for computation of the period of limitation is the date on which the party making the...
LiveLawBiz Arbitration Weekly Round-Up: February 02 - February 08, 2026
NOMINAL INDEX Rajia Begum vs Barnali Mukherjee, 2026 LLBiz SC 36C Velusamy v K Indhera, 2026 LLBiz SC 39Eminent Colonizers Private Limited v Rajasthan Housing Board & Ors, 2026 LLBiz SC 48A2Z Infraservices Ltd and Anr v Quippo Infrastructure Ltd and Anr, 2026 LLBiz SC 42Avneet Soni v Kavita Agarwal, 2026 LLBiz HC (DEL) 108Union of India v Reliance Industries Ltd & Anr, 2026 LLBiz HC (DEL) 11Puri Constructions Pvt Ltd & Ors v Larsen & Toubro Ltd, 2026 LLBiz HC (DEL) 119Dusters...
Arbitral Award Not Invalid Though High Court Appointed Arbitrator Instead Of Supreme Court In ICA: Delhi High Court
The Delhi High Court has refused to set aside a 2012 arbitral award after a shareholder argued that the arbitrator was wrongly appointed by the High Court instead of the Supreme Court in an international commercial arbitration. Rejecting the challenge, the court held that the Arbitration and Conciliation Act does not permit annulment of an award merely because of a dispute over which court appointed the arbitrator. "Section 34(2)(a)(v) does not contemplate the setting aside of an arbitral...
Arbitration Cases Monthly Digest: January 2026
SUPREME COURTAppellate Courts Cannot Disturb Arbitral Awards Merely To Permit A Different View, Supreme Court Reiterates Case Title : Jan De Nul Dredging India Pvt. Ltd. v. Tuticorin Port Trust Case Number : Civil Appeal No. 98 of 2026 Citation: 2026 LLBiz SC 15 The Supreme Court, recently, set aside a Madras High Court order that had deleted compensation awarded to a dredging contractor and reiterated that appellate courts cannot interfere with arbitral awards merely because they prefer a...
Non-Signatory Successor Company May Invoke Arbitration Clause After Merger: Calcutta High Court
The Calcutta High Court has recently held that a company that becomes the successor of an original contracting party pursuant to an NCLT-approved merger can invoke an arbitration clause even if it is not a signatory to the original agreement. Justice Shampa Sarkar made the observation on February 3 while hearing an application filed by Tata Capital Limited seeking appointment of an arbitrator in a dispute arising out of a loan agreement with a borrower. “In my prima facie view, even if the...
Calcutta High Court Sets Aside Arbitral Award Against Company Officials Without Impleading Companies
The Calcutta High Court has set aside an arbitral award after finding that it was passed against two officials of state-owned power companies instead of the companies that were parties to the arbitration agreement. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi held that the award, which fastened liability on the managing director of Bihar State Power Generation Company Limited and the chairman of Bihar State Power Holding Company Limited, could not be sustained since the...
Kerala High Court Sets Aside Arbitral Award For Relying On Findings Of Set-Aside Award
The Kerala High Court has recently set aside an arbitral award after holding that the arbitrator committed a jurisdictional error by treating findings from an earlier arbitral award, which had already been set aside, as 'alive and final.'A bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V. M. observed the arbitrator was required to consider the dispute afresh but failed to do so. Instead, the arbitrator proceeded on the assumption that conclusions recorded in the earlier...
Delhi High Court Reaffirms Arbitral Award Allowing AIIMS To Encash 50% Of Contractor's Bank Guarantee
The Delhi High Court has upheld an arbitral award permitting the All India Institute of Medical Sciences, New Delhi, to encash 50% of a contractor's Performance Bank Guarantee after short payment of wages to sanitation workers was established. A Division Bench of Justices Anil Kshetarpal and Amit Mahajan held that neither the arbitral award nor the district court's order dismissing objections to it suffered from perversity or patent illegality warranting interference. The court noted that the...