No Intra-Court Appeal Against Single Judge Order In Arbitration Execution Proceedings: Allahabad High Court

The Allahabad High Court at Lucknow has held that an intra-court appeal (special appeal) under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, is not maintainable against an order passed by a Single Judge in proceedings for enforcement of an arbitral award under Section 36 of the Arbitration and Conciliation Act, 1996. It held that the Act is a complete code that permits appeals only against the orders listed in Section 37, and an order under Section 36 is not one of...

Madras High Court Says It Cannot “Bow Down” To NPA Threat, Upholds Attachment Against SEPC, Twarit

On 21 September, the Madras High Court dismissed SEPC Limited's plea to recall or keep in abeyance the attachment of Rs. 154.63 crore in trade receivables during enforcement of a foreign arbitral award against SEPC and Twarit Consultancy Services Private Limited. Justice K. Kumaresh Babu refused to lift or keep the attachment in abeyance, holding that the Court could not “bow down” to the argument that its continuation could affect the companies' business or lead to their assets being...

Madras High Court Enforces ₹13.31 Crore Award Against LIBRA Productions After Challenge Period Ends

The Madras High Court on 17 September allowed Madhav Media Pvt. Ltd.'s execution petition seeking the arrest of LIBRA Productions Pvt. Ltd. for enforcement of a Rs. 13.31 crore arbitral award. Justice K. Kumaresh Babu held that once the limitation period for challenging an arbitral award expires, the award becomes final and enforceable between the parties, and a party cannot resist enforcement by subsequently questioning the arbitrator's appointment. The Bench observed:“In such an event, the...

Delhi High Court Keeps Anadolu Deniz-HSL Arbitration In Abeyance, Says Sovereign Decision Non-Arbitrable

The Delhi High Court on 18 September directed that arbitral proceedings initiated by Turkish company Anadolu Deniz against Hindustan Shipyard Limited (HSL) before the Indian Council of Arbitration (ICA) be kept in abeyance.Justice Tushar Rao Gedela passed the direction on HSL's application for interim protection after finding prima facie that the Union Government's decision to exclude Anadolu Deniz from a project for construction of Fleet Support Ships for the Indian Navy was a sovereign...

Validity Of Arbitration Agreement Needs Examination Where Partnership Deed Is Challenged: MP High Court

On 16 September, the Madhya Pradesh High Court held that where a party challenges the very execution and validity of a partnership deed containing an arbitration clause on grounds of fraud, conspiracy and lack of informed consent, the existence of a valid arbitration agreement must be examined before the dispute can be referred to arbitration. Justice Ramkumar Choubey dismissed a miscellaneous appeal against the 23rd District Judge, Bhopal's order restoring a civil suit after setting aside the...

Unable To Pay Arbitration Fees? Law Provides No Waiver On Financial Grounds: Delhi High Court

The Delhi High Court has ruled that an arbitral tribunal cannot ordinarily be required to continue adjudicating a claim or counter-claim when the requisite deposit towards arbitration costs has not been paid.“The statutory scheme, therefore, recognises that an Arbitral Tribunal cannot ordinarily be required to continue adjudicating upon a claim or counter-claim in the absence of the requisite deposit towards the costs of such proceedings,” Justice Amit Mahajan ruled.The ruling came while...

Karnataka High Court Modifies HMT's 20% Interest On ₹1.39 Crore Damages To Ex-Employees Turned Entrepreneurs

The Karnataka High Court has modified the interest payable by HMT on ₹1.39 crore in damages awarded to eight former employees-turned-entrepreneurs for the loss caused by a shortfall in the assured workload.The entrepreneurs will get 20% annual interest on the damages only for the period during which they were repaying their Karnataka State Financial Corporation (KSFC) loans. For the remaining period, HMT will have to pay interest at 12% per annum. A Division Bench of Justice Anu Sivaraman...

Maritime Arbitrator's Prior Ruling On Similar Clause Does Not Establish Bias: Delhi High Court

The Delhi High Court on 17 September held that an arbitrator does not become disqualified merely because they previously decided a similar issue in another maritime arbitration involving one of the parties, particularly where specialised maritime disputes draw from a limited pool of domain experts. A Division Bench of Justices Prathiba M. Singh and Vikas Mahajan upheld the arbitral award in favour of UK-based British Marine PLC and dismissed Steel Authority of India Limited's (SAIL) appeal...

Prior Negotiations Cannot Add Arbitration Clause To Signed Contract: Delhi High Court

The court made the observation while disposing of a plea in a dispute arising from a contract to transport UN peacekeeping cargo from New Delhi to Sudan.

Karnataka High Court Sets Aside ₹13.08 Crore Award To L&T In Bengaluru Metro Contract Dispute

The Karnataka High Court has recently set aside parts (around ₹13.08 Crore) of an arbitral award arising from a ₹303.29 crore Bengaluru Metro construction contract between Larsen & Toubro Limited (L&T) and Bangalore Metro Rail Corporation Limited (BMRCL).The court found shortcomings in the tribunal's treatment of claims relating to reduced parapet quantities, revised rates for 18 delayed pier locations and unpaid reinforcement quantities. It also set aside the tribunal's finding on...

120-Day Written Statement Period Must Be Computed Under General Clauses Act: Bombay High Court

The Bombay High Court on 7 September held that whether the 120-day period for filing a written statement in a commercial suit has expired must be determined by correctly computing the period under Section 9 of the General Clauses Act, 1897, and not by applying a strict or liberal construction of the Commercial Courts Act, 2015. Justice N. J. Jamadar allowed Jyoti Structures Ltd.'s writ petition against Africa Power Company CC and set aside the Commercial Court's 18 June 2026 order rejecting its...

Bombay High Court Extends Justice Lokur-Led Tribunal's Mandate By A Year In SAP-Cox & Kings Arbitration

The Bombay High Court on 10 September extended the mandate of an arbitral tribunal headed by former Supreme Court judge Justice Madan Lokur by one year and allowed SAP India Private Limited's pending claim against Cox & Kings to proceed. A Bench of Justice Arif S. Doctor found that the delay in completing the arbitration was not attributable to any deliberate, wilful or negligent default by SAP or the tribunal. He observed:“The delay in completion of the arbitral...