Telangana High Court Dismisses Plea To Enforce €247.61 Million Arbitral Award Against RUSAL And Subsidiaries

The Telangana High Court has recently dismissed an execution petition filed by German company OWH SE i.L. seeking enforcement of London Court of International Arbitration (LCIA) awards against Russian aluminium producer United Company RUSAL International P.J.S.C. (RUSAL) and its subsidiaries. The court held that it lacked territorial jurisdiction to entertain the petition.The court stayed the operation of its judgment until June 2, 2026, to enable OWH to prefer an appeal.While doing so, Justice...

Arbitration Act Interim Relief Cannot Be Used To Stay Debarment Based On Administrative Power: Delhi High Court

The Delhi High Court has recently held that interim relief under the Arbitration Act cannot be used to stay a debarment order where the authority's power to debar is derived from an independent statutory or administrative framework rather than the contract between the parties. Justice Harish Vaidyanathan Shankar dismissed NCC Limited's petition seeking a stay on an Airports Authority of India (AAI) order debarring it from participating in AAI's future tenders for two years. The Court observed,...

Corporate Guarantee Cannot Replace Unconditional Bank Guarantee Agreed Between Parties: Bombay High Court

The Bombay High Court has recently held that a corporate guarantee cannot replace an unconditional bank guarantee agreed between commercial parties merely because a party is willing to furnish one, observing that the two provide different degrees of security. Granting interim relief to Oil and Natural Gas Corporation Ltd. (ONGC), Justice Amit Borkar directed Afcons Gunanusa Joint Venture to renew and continue unconditional bank guarantees worth USD 29.91 million, EUR 4.55 million and ₹22.09...

Merely Obtaining Municipal Approvals Does Not Establish Developer's Readiness To Perform Contract: Bombay HC

The Bombay High Court has refused to grant interim relief to Jaycee Homes Private Limited in its plea to restrain Kurla Moon Rock Municipal Employee Cooperative Housing Society Ltd. from appointing another developer and to appoint a Court Receiver over the society's property. It held that obtaining municipal approvals under a registered development agreement, by itself, does not establish that a developer was ready and willing to perform its contractual obligations. Justice Amit Borkar...

Bombay High Court Orders Occupants To Vacate, Says Delay By Few Members May Affect Entire Redevelopment Project

The Bombay High Court has granted interim relief pending arbitration by directing three occupants of a co-operative housing society to vacate their premises within two weeks. The court held that, in the facts of the case, the disputes raised by them could not justify delaying a redevelopment project after 15 of the society's 17 members had already executed the redevelopment documents and the necessary municipal approvals had been obtained. Justice Amit Borkar observed, “Delay by only a few...

Bombay High Court Upholds ₹86.02 Lakh Award Against CDSL Says Depositories Cannot Avoid Liability

The Bombay High Court on 2 July held that a depository cannot escape liability for loss caused to an investor due to negligence by its depository participant by claiming that the participant became the beneficial owner of the securities after transfer. A Division Bench of Justices Bharati Dangre and Manjusha Deshpande upheld an arbitral award directing Central Depository Services (India) Ltd. (CDSL) to pay Rs. 86.02 lakh with 9% post award interest to investor Daksha Bhavsar. The judges...

Calcutta High Court Upholds Arbitral Award Against Neo Metaliks In Lam Coke Supply Contract Dispute

The Calcutta High Court has upheld an arbitral award in favour of Orissa Metaliks Pvt Ltd, dismissing Neo Metaliks Ltd's appeal arising from a dispute over a Lam Coke supply contract. The court found no perversity or patent illegality in either the arbitral award or the earlier judgment refusing to set it aside. A Division Bench of Justices Debangsu Basak and Md. Shabbar Rashidi upheld the arbitral award and affirmed the Single Judge's judgment of January 6, 2025. The Court said that the...

'Deemed Service' Cannot Cure Defect In Service Of Arbitration Notices: Bombay High Court

The Bombay High Court has recently held that the legal presumption that arbitration notices have been served cannot be mechanically invoked where there is no proof that the notices actually reached the parties. Setting aside an arbitral award, the court observed: Justice Arif S. Doctor also quashed an April 4, 2025 judgment of the District Judge, Pune. The District Judge had dismissed the borrowers' challenge to an arbitral award passed in favour of Abhyudaya Co-operative Bank Ltd. in a loan...

Calcutta High Court Upholds ₹2.05 Crore Arbitral Award Against SAIL Over Wrongful Iron Ore Contract Termination

The Calcutta High Court has upheld an arbitral award directing Steel Authority of India Limited (IISCO Steel Plant) to pay more than ₹2.05 crore to Balaji Industrial Products Limited. The court found no ground to interfere with the arbitrator's conclusion that SAIL had wrongfully terminated a contract for the supply of 60,000 metric tonnes of iron ore. A division bench of Justices Debangsu Basak and Md. Shabbar Rashidi held that the arbitrator's findings represented a plausible view of the...

Bombay HC Says Confidentiality Claims Need Evidence, Refuses Injunction Against Tata Retail Arm Trent

On 7 July, the Bombay High Court held that allegations of misuse of confidential information, proprietary business methods and protected employees cannot, at the interim stage, justify a blanket injunction against a party's business activities and require adjudication before the arbitral tribunal on the basis of evidence. Justice Amit Borkar partly allowed a Section 9 petition filed by The Packshot (India) Pvt Ltd and directed Trent Ltd, Tata's retail arm, to preserve records relating to...

Bombay HC Holds Mumbai Was Arbitration Seat In Siemens' ₹7.38 Cr Loan Dispute, Appoints Arbitrator

The Bombay High Court on 2 July, appointed Justice Dhiraj Singh Thakur (Retd.), former Chief Justice of the Andhra Pradesh High Court, as the sole arbitrator to adjudicate disputes arising from a Rs. 7.38 crore loan facility extended by Siemens Financial Services Pvt Ltd to Saroj Diagnostic Laboratory LLP. Justice Gautam A. Ankhad held that where an arbitration agreement specifies a place of arbitration and also grants jurisdiction to courts at that place, such provisions can indicate that the...

Registered Mortgage Does Not Bar Arbitration In Simple Money Recovery Claims: Madras High Court

The Madras High Court on 1 July held that a simple money recovery claim is arbitrable even if the underlying loan transaction is secured by a registered mortgage deed, provided the lender does not seek enforcement, foreclosure or sale of the mortgaged property. Justice S. Sounthar dismissed an appeal filed by borrowers Marsalin and Mary Rani Subi, upheld an arbitral award directing them to pay Rs. 15,70,637 to Shriram City Union Finance Limited, and affirmed the Principal District Judge,...