Re-Colouring Facts As Public Policy Ground Not Enough To Resist Enforcement Of Foreign Arbitral Award: Supreme Court

The Supreme Court of India on Wednesday held that enforcement of foreign arbitral awards cannot be resisted under Section 48 of the Arbitration and Conciliation Act, 1996, on a party's plea re-characterizing factual disputes as issues of public policy, particularly as courts cannot re-examine awards on merits at the enforcement stage. A Division Bench comprising Justice Sanjay Kumar and Justice Vinod Chandran dismissed Special Leave Petitions filed by Nagaraj V. Mylandla and Sharada Mylandla...

Madras High Court Dismisses Appeal Against Arbitrator Order Refusing Expert Analysis Of iPad Evidence

The Madras High Court has recently dismissed an appeal challenging an arbitrator's refusal to send an iPad marked as evidence for expert analysis, holding that the appeal filed by ADRPlexus Medical Services Pvt Ltd was not maintainable under Section 37 of the Arbitration and Conciliation Act, 1996, particularly where the request was made after completion of the claimant's evidence. A Division Bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi held that ADRPlexus Medical...

Chhattisgarh High Court Refuses To Condone 110-Day Delay In Arbitration Appeal Against PwC

The Chhattisgarh High Court has dismissed an arbitration appeal filed by the Chhattisgarh State Agriculture Marketing Board against Price Waterhouse Coopers Pvt. Ltd., holding that the Board failed to justify a delay of 110 days in filing the appeal within the time limit prescribed under the Commercial Courts Act. A division bench of Justices Rajani Dubey and Radhakishan Agrawal held that no sufficient cause was shown to justify the delay beyond the prescribed limitation period under the...

Clause Allowing Unilateral Appointment Of Arbitrator Does Not Invalidate Arbitration Agreement: Calcutta High Court

The Calcutta High Court has held in a dispute between a borrower and IndusInd Bank that even if an arbitration clause permits unilateral appointment of an arbitrator by one party, such a condition would invalidate only the appointment procedure and not the arbitration agreement itself. In a judgment dated March 23, 2026, Justice Om Narayan Rai upheld the referral of the dispute to arbitration while affirming an order of the City Civil Court, Calcutta, which had stayed a civil suit filed by...

Delhi High Court Upholds ₹1.93 Crore Arbitral Award In Favour Of BEL-ACC In Dispute With NHAI

On Tuesday 24 March, the Delhi High Court upheld an arbitral award in favour of BEL-ACC (JV) granting Rs. 1.93 crore towards revised rates, overhead losses, and additional resource deployment. Justice Subramonium Prasad dismissed a petition filed by National Highways Authority of India (NHAI), holding that it does not warrant interference under Section 34 of the Arbitration and Conciliation Act, 1996. The Court held: “...the findings of the learned Arbitral Tribunal demonstrate that a...

Dues Cannot Be Withheld Till Eternity: Delhi High Court Upholds Award Against MMTC

The Delhi High Court has upheld an arbitral award directing MMTC Limited to release withheld amounts of Rs 1.64 crore towards railway surcharge and Rs 56.93 lakh towards detention charges to Knowledge Infrastructure and another party, holding that the amounts could not be retained indefinitely when the alleged liability had not crystallised and the Railways had not processed the claims for years. The bench of Justice Subramonium Prasad, dismissing MMTC's challenge under Section 34 of the...

Local Residents' Obstruction Not Force Majeure: Delhi High Court Upholds Termination Of IRWO Contract

The Delhi High Court has upheld an arbitral award in favour of the Indian Railway Welfare Organisation (IRWO), affirming the termination of a housing construction contract and forfeiture of the contractor's bank guarantee and security deposit. The Court held that obstruction by local residents and apprehension of hostility at the site did not fall within the force majeure clause and that the contractor's refusal to resume work amounted to abandonment of the project. The Bench of Justice...

Delhi HC Dismisses Wadia Appeals, Refuses Higher Consultancy Fees In Married Accommodation Project Dispute

The Delhi High Court on Tuesday dismissed appeals filed by Wadia Techno Engineering Services Limited challenging arbitral awards in disputes arising from consultancy agreements for defence housing projects, holding that the consultant was not entitled to higher fees or compensation for delays. The court upheld a single judge's order refusing to interfere with the arbitral awards while maintaining the limited setting aside of certain claims relating to the Vizag project. A Division Bench of...

Figures In Conciliator's Report Do Not Bind Arbitrator: Bombay High Court

The Bombay High Court on 17 March dismissed a petition filed by ICICI Securities Ltd, holding that the amount indicated in a conciliator's report does not constitute an award and does not bind the Arbitral Tribunal in determining the final claim. Justice Sandeep V. Marne upheld an arbitral award of Rs. 23.30 lakh passed in favour of Ridhi Siddhi Investment in a stock trading dispute arising out of margin trading transactions. The Court observed: “Thus, the amount indicated in the report of the...

Bombay High Court Dismisses Multi-Credit Society's Appeal, Upholds Setting Aside Of Arbitral Award Over Borrowers' Membership

The Nagpur Bench of the Bombay High Court on 17 March dismissed an arbitration appeal filed by Rajlaxmi Multistate Credit Co-operative Society Ltd, declining to interfere with an order setting aside an arbitral award passed in its favour in a loan recovery dispute. A Single-Judge Bench of Justice Pravin S. Patil held that the arbitral award suffered from patent illegality as the arbitrator had wrongly assumed jurisdiction without establishing that the borrowers were members of the...

Rejection Of Impleadment Is A Jurisdictional Determination, Appealable Under Section 37 Arbitration Act: Delhi High Court

The Delhi High Court has recently held that rejection of an impleadment application by an arbitral tribunal amounts to a jurisdictional determination under Sections 16(2) and 16(3) of the Arbitration and Conciliation Act, 1996, and is therefore appealable under Section 37 of the Act. Justice Avneesh Jhingan observed that while deciding whether a non-signatory can be added to arbitration proceedings, the tribunal necessarily rules on its own jurisdiction. “The court on an application for...

Delhi High Court Rejects SpiceJet Plea To Substitute ₹144.51 Crore Deposit With Property In Dispute With Kalanithi Maran

The Delhi High Court has recently rejected a plea by SpiceJet Ltd. seeking to substitute the court-directed cash deposit of Rs. 144.51 crore with security in the form of a Gurugram property owned by the airline, holding that the request was an abuse of process as similar grounds had already been raised before the Supreme Court and rejected. Justice Subramonium Prasad passed the order while dealing with applications seeking modification of directions issued on January 19, 2026, by which the...