High Courts
Arbitral Award Not Invalid Merely Because MSME Party Could Have Approached Facilitation Council: Bombay High Court
The Bombay High Court on Tuesday observed that an arbitral award passed through ad hoc arbitration cannot be invalidated merely because one of the parties is an MSME supplier who could have approached the Facilitation Council under the MSMED Act.Justice Sandeep V. Marne dismissed a petition filed by Bharat Sanchar Nigam Limited (BSNL) challenging an arbitral award passed in favour of Microtex Energy Pvt. Ltd,an MSME. “Therefore, if parties opt for ad hoc arbitration, the award is not...
Court Deciding Plea To Extend Arbitral Tribunal Mandate Concerned Only With Extension, Not Merits: Calcutta High Court
The Calcutta High Court has held that while exercising jurisdiction to extend the mandate of an arbitral tribunal under Section 29A of the Arbitration Act, the court is concerned only with whether extension of time is warranted and cannot examine the merits of issues pending before the tribunal.While deciding a petition filed by UGRO Capital Ltd seeking extension of the mandate of a sole arbitrator in a dispute with Vallabh Metal Industries, Justice Gaurang Kanth observed:“In any event, while...
Karnataka High Court Restores ₹44.48 Lakh Arbitral Award After Commercial Court Examined Issue Not Raised Before Tribunal
The Karnataka High Court has restored an arbitral award of Rs 44.48 lakh granted to contractor S S Police Patil and Company in a dispute over price adjustment claims arising from a municipal road improvement project in Dharwad district. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha held that the Commercial Court exceeded its limited jurisdiction under Section 34 of the Arbitration and Conciliation Act by examining issues that were not raised before the arbitral...
Interim Relief On Foreign Arbitral Award Available Even After Enforcement Plea, Until It Becomes Decree: Bombay High Court
The Bombay High Court on Tuesday held that courts can grant interim protective measures under Section 9 of the Arbitration and Conciliation Act to secure the amount awarded under a foreign arbitral award even after a petition seeking its recognition and enforcement has been filed. Justice Somasekhar Sundaresan made the observation while hearing a petition filed by Osterreichischer Lloyd Seereederei (Cyprus) Ltd against Victore Ships Pvt Ltd seeking interlocutory protection to secure the awarded...
Fundamental Evidence Principles Cannot Be Ignored In Arbitration: Bombay High Court
The Bombay High Court on 9 March held that while arbitral proceedings are not strictly bound by the technical provisions of the Indian Evidence Act, the fundamental principles governing the burden of proof and the admissibility of evidence cannot be ignored to uphold an arbitral award that is patently illegal. A Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad was hearing an appeal filed by Arenel (Private) Ltd challenging a judgment dated 8 September...
Delhi High Court Restores Arbitral Award In Warehouse Fire Case Involving CWC–Indo Arya Logistics
The Delhi High Court on 10 March restored an arbitral award of Rs. 91,62,992 in a warehouse fire dispute between Central Warehousing Corporation and Indo Arya Logistics, holding that the Commercial Court had exceeded its limited powers by substituting its own view on negligence. A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora observed that the arbitrator's inference (that Indo Arya Logistics was negligent) was a plausible view arising from the circumstances of...
Third Parties Can Challenge Arbitral Interim Orders Affecting Their Rights: Bombay High Court
The Bombay High Court on 5 March held that third parties whose rights are directly affected by arbitral proceedings can challenge interim orders as veritable parties under the Arbitration and Conciliation Act, even if they are not signatories to the arbitration agreement. Justice Somasekhar Sundaresan made the observation while hearing petitions by flat purchasers and legal heirs of Mohammed Ali M. Sali in a dispute over a 2009 Joint Development Agreement with Rajaram Chavan Real Estate Pvt....
Dispute With Composite Cause Of Action Against Multiple Parties Not Arbitrable: Calcutta High Court
The Calcutta High Court on 6 March refused to refer a commercial dispute between Tirupati Vancom Pvt. Ltd. and others to arbitration, as the suit involved several defendants. Justice Aniruddha Roy dismissed an application under Section 8 of the Arbitration and Conciliation Act, 1996, observing that where the cause of action and reliefs are inseparably connected, a dispute cannot be split and referred to arbitration even if an arbitration clause exists between some of the parties. He...
Delhi High Court Upholds Arbitral Award That Found Commission Was Not Automatic Under Representative Agreement
The Delhi High Court on Tuesday upheld an arbitral award in a commission dispute between a consultancy firm and an oil and gas pipeline services company. The court affirmed the arbitrator's view that a representative appointed under a commercial agreement does not automatically become entitled to commission every time the company secures a project from the same customer. A Division Bench of Justice Anil Kshetrapal and Justice Amit Mahajan dismissed an appeal and affirmed an earlier decision...
Gauhati High Court Allows Writ Despite Arbitration Clause After Finding ESIC's Action In GeM Contract Arbitrary
The Gauhati High Court has recently allowed a writ petition against ESIC authorities over non-payment of dues under a government procurement contract, despite the existence of an arbitration clause, after finding the state authority's conduct arbitrary.The observation came in a case arising out of a Government e-Marketplace procurement in which an ESIC hospital withheld payment even after issuing an acceptance certificate for medical equipment supplied under the contract. The court directed the...
Punjab & Haryana HC Dismisses Plea Seeking Appointment Of Arbitrator While Also Seeking Termination of Existing Arbitrator
The Punjab and Haryana High Court recently dismissed an arbitration petition seeking appointment of an arbitrator while also seeking termination of the mandate of a sole arbitrator already conducting the proceedings. A Single Bench of Justice Jasgurpreet Singh Puri imposed costs of Rs 25,000 on the petitioner and observed, “It is very surprising as to how an application under Section 11 of the Act would be maintainable before this Court and a specific query in this regard was put to the...
Andhra Pradesh High Court Dismisses Arbitration Appeal After State Filed Challenge As 'Government' Instead Of 'State'
The Andhra Pradesh High Court has recently dismissed an appeal challenging a Rs 199.96-crore arbitral award arising out of the Pulichintala Dam project dispute after the state failed to correct the description of the party from “Government of Andhra Pradesh” to “State of Andhra Pradesh” despite being given an opportunity to do so. A Division Bench of Justice R. Raghunandan Rao and Justice T.C.D. Sekhar, in a judgment dated March 6, 2026, held that under Article 300 of the Constitution and...