Investor-State Arbitration Needs Standing Mechanism, Appellate Review: Justice PS Narasimha

Justice Narasimha was delivering the keynote address, titled “The Next Generation of International Investment Law” at an event marking the ninth anniversary of the Centre for Trade and Investment Law (CTIL).

Arbitration Clause Need Not Use Technical Terms If There Is Intention To Arbitrate: Bombay High Court

On September 7, the Bombay High Court held that an arbitration agreement cannot be created where parties never intended to arbitrate but a clause cannot be rejected merely because it does not use technical arbitration terminology if its substance demonstrates the necessary intention.Justice Amit Borkar held that Clause 8 of the contract constituted an arbitration agreement and appointed Justice Avinash Gharote, former Judge of the Bombay High Court as the Sole Arbitrator to adjudicate...

Himachal Pradesh High Court Sets Aside Award Over Unilateral Arbitrator Appointment Without State's Consent

The Himachal Pradesh High Court has emphasized that where a party consistently objects to the unilateral appointment of an arbitrator, seeks appointment of an independent arbitrator, and does not consent to the tribunal's constitution, such objection cannot be treated as waived.The court further noted that despite the absence of consent, the arbitrator proceeded with the arbitration and failed to decide the State's application challenging his appointment under Section 13 of the Arbitration and...

Bombay High Court Appoints Sole Arbitrator In Dispute Over Sonakshi Sinha Starrer 'JATADHARA' Partnership Accounts

The Bombay High Court has appointed a sole arbitrator to adjudicate disputes arising from the production, financing, management and commercial exploitation of JATADHARA, the Sonakshi Sinha-Sudheer Babu starrer, holding that the parties had agreed to refer unresolved disputes to arbitration under their Partnership Deed.Justice Amit Borkar examined the Partnership Deed dated April 1, 2025 and its Clause 11, which provides that after an attempt at amicable resolution, an unresolved dispute “shall...

New Factual Plea Cannot Be Raised For First Time In Appeal Against Arbitral Award: Calcutta High Court

The Calcutta High Court has held that a new plea which depends on facts cannot be raised for the first time in an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 to impeach an arbitral award. The Court therefore said that BSNL could not raise for the first time in appeal its plea under Section 106 of the Transfer of Property Act, 1882, challenge the validity of the lease of the premises used for its telephone exchange.A Division Bench of Justices Debangsu Basak and Aryak...

Delhi High Court Upholds Auction Of Judgment Debtor's Property Share Despite Pre-Attachment Transfer

The Delhi High Court has upheld the auction of a judgment debtor's one-half undivided share in a Delhi property. The share had been transferred before formal attachment, but the court held that the transfer could not take it outside the pending execution proceedings.A Division Bench of Justice Anil Kshetarpal and Justice Shail Jain held that the property had already been identified in the execution petition. Its attachment and sale had also been sought before the transfer.“That claim cannot...

Delhi High Court Sets Aside Entire LIC Award After Finding Arbitrator's Appointment Impermissible

On 6 October, the Delhi High Court allowed Life Insurance Corporation of India's (LIC) appeal against N.S. Associates Pvt. Ltd., extending the effect of an earlier Single Judge finding that LIC's unilateral appointment of the arbitrator was impermissible.A Division Bench comprising Justices Anil Kshetarpal and Bharat Parashar held that a party cannot challenge an arbitral tribunal's authority to undo unfavourable claims while simultaneously seeking to preserve favourable portions of...

Are All Promoter-Allottee RERA Disputes Non-Arbitrable? Bombay HC Refers Question To Larger Bench

The Bombay High Court has referred to a larger Bench the question of whether every dispute between a real estate promoter and an individual flat buyer under an agreement for sale governed by RERA is non-arbitrable as a class. The court will consider whether arbitrability must instead be examined by looking at the subject matter, nature of relief and the matters RERA authorities are empowered to determine.Justice Amit Borkar observed, “The issue is whether the existence of a statutory forum under...

Choosing Arbitrator From Opponent's Unilateral Panel Does Not Waive Ineligibility: Delhi High Court

The Delhi High Court on 6 October held that selecting an arbitrator from a panel unilaterally constituted by the opposite party does not amount to waiver of the statutory ineligibility under Section 12(5) of the Arbitration and Conciliation Act, 1996, even if the party subsequently participates in the arbitration. A Division Bench comprising Justices Anil Kshetarpal and Bharat Parashar allowed Newton Engineering and Chemicals Limited's appeal, holding that a mechanism where one party alone...

Participation In Arbitration Does Not Waive Government's Right To Challenge Limitation: J&K High Court

On 6 October, the High Court of Jammu & Kashmir and Ladakh held that the government does not waive its right to challenge stale claims merely by participating in arbitration or failing to raise limitation during proceedings for appointment of an arbitrator. A Division Bench comprising Justices Rajnesh Oswal and Rahul Bharti dismissed a contractor's appeal against the setting aside of most of an arbitral award concerning work on the Wangat Weir at the Upper Sindh Hydel Project-II...

LiveLawBiz Arbitration Cases Weekly Digest: September 28 - October 3, 2026

NOMINAL INDEX Ambica Beri v. Forum Atmosphere Flat Owner's Association, 2026 LLBiz HC(CAL) 235 Sri C.C. Kondaiah v. Mysore City Corporation & Anr., 2026 LLBiz HC(KAR) 173 Indian Bank v. Bank of Baroda & Ors., 2026 LLBiz HC(DEL) 1022 Kurukshetra Expressway Private Limited v. National Highways Authority of India, 2026 LLBiz HC(DEL) 1023 M/s Airport Handling Services v. Indian Institute of Technology, Kanpur, 2026 LLBiz HC(DEL) 1027 Wello Retail Pvt. Ltd. v. Sant Parmanand Blind...

Pre-2015 Arbitration Does Not Validate Unilateral Arbitrator Appointment: Delhi HIgh Court

The Delhi High Court has held that the fact that an arbitration began before the 2015 amendment to the Arbitration and Conciliation Act does not, by itself, make a unilateral appointment of an arbitrator valid.A division bench of Justice Avneesh Jhingan and Justice Shail Jain upheld the setting aside of a ₹77 crore arbitral award against Bharat Forge Limited and BF Infrastructure Limited. The court found that Tarsem Jain, who had invoked the arbitration, breached the agreed procedure by...