'Unilateral Appointment Of Arbitrator Violates Principles Of Natural Justice': Calcutta High Court Sets Aside Arbitral Award

The Calcutta High Court on Tuesday set aside an ex-parte arbitral award ruling that unilateral appointment of a sole arbitrator by one of the parties is violative of the Principles of Natural Justice and fatally vitiates the arbitral process, thereby resulting in nullity. Justice Shampa Sarkar in a judgement delivered on 2nd December, 2025, allowed the application filed by YD Transport Company and its proprietor under section 34 of the Arbitration and Conciliation Act, 1996. Court...

Parties' Conduct Overrides Clause: Calcutta High Court Rejects Literal Interpretation Of Arbitration Venue Clause

The Calcutta High Court on Tuesday dismissed Chittaranjan Locomotive Works' application for an unconditional stay of an arbitral award dated March 14th, 2024. Justice Shampa Sarkar on 2nd December, 2025 ruled that the conduct of the parties and arbitrator and the award publication proceedings in Kolkata constituted “contrary indicia”, sufficient to displace Chittaranjan as the contractual venue. The controversy stems from a tender issued by the Railway Administration, Chittaranjan...

Bombay High Court Upholds ₹96 Lakh Award Against TCS In Hardware Supply Dispute With Inspira

The Bombay High Court on Tuesday upheld an arbitral award directing Tata Consultancy Services Ltd. to pay Rs. 96.20 lakh to Inspira IT Products Pvt. Ltd. for the loss suffered on 207 servers and monitors that Inspira purchased for TCS but could not deliver after TCS failed to finalise delivery locations. The court rejected cross-appeals filed by both the parties. A single bench of Justice Sandeep V Marne held on December 2 that the 2023 award contained no perversity or patent illegality,...

Madras High Court Upholds Arbitral Award Directing MediaOne To Pay ₹1.23 Crore In 'Maatraan' Film Dispute

In a rejection of a challenge to an arbitral award, the Madras High Court has upheld the Sole Arbitrator's decision directing MediaOne Global Entertainment Ltd. to pay over 1.23 crores in relation to an agreement over the release of the film “Maatraan”. Dissmissing a plethora of arguments contended by the Petitioner, Justice N. Anand Venkatesh on 28th November 2025 ruled that a guarantee deed, claimed as “comfort letter” by the Petitioner, was not a mere formality but a “binding...

Statutory Remedy Under Cooperative Societies Act Inapplicable When Arbitration Clause Exists: Karnataka High Court

The Karnataka High Court has reiterated that if an arbitration clause were to exist in an agreement between the parties and the dispute were required to be adjudicated by way of arbitration, then the statutory requirement under the Cooperative Societies Act would not apply.Justice Suraj Govindaraj said this while allowing the petition filed by Ramakrishna House Building, which had approached the court for the appointment of a sole arbitrator. An agreement having been entered into between the...

“Shall Endeavour” Clause In Construction/Commercial Contracts Can Create Enforceable Obligations: Bombay High Court

The Bombay High Court has observed that the “shall endeavour” clause can amount to an enforceable obligation in the context of construction contracts. While mere failure to achieve revenue projections does not constitute a breach of the “shall endeavour” clause but not making best efforts to achieve projections in the business plan amounts to a breach of the clause. Facts The present petition was filed by Petitioner i.e. Regus South Mumbai Business Centre Private Limited (“Regus”) ...

Single Partner In A Firm Cannot Invoke Arbitration Without Explicit Authority From Other Partners: Kerala High Court

The Kerala High Court has held that one partner of a partnership firm cannot, without explicit authorisation from the other partners, invoke an arbitration clause or seek appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.Justice S. Manu, delivered the judgment in an arbitration request.The arbitration request was filed by a partner of M/s P K Chandrasekharan Nair and Co., a partnership firm, which was operating a retail outlet of petroleum products of...

HC Cannot Issue Writ To Compel Arbitrator To Decide Dispute After Expiration Of His Mandate: Allahabad High Court

The Allahabad High Court has recently clarified that it cannot issue a writ of mandamus to compel an arbitrator to decide compensation disputes relating to land acquisition for making national highways, once his mandate has expired under the Arbitration and Conciliation Act, 1996. A Division Bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh observed that “The issuance of a mandamus directing the arbitrator to decide the case within a time-bound period, when his...

Courts Can Correct Manifest Computational Errors In Awards Without Re-Appraising Arbitrator's Reasoning: Delhi High Court

The Delhi High Court held that the courts under sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) possess limited but definite authority to correct manifest computation errors without reopening the merits of the case. A Division Bench comprising Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar partly modified the arbitral award to the extent of adjusting overpayment made by the homeowners to the contractor. The court observed that...

Arbitrator Can't Pierce Corporate Veil To Fasten Liability On Non-Signatory: Madras High Court Partially Sets Aside Award

The Madras High Court partially set aside an arbitral award holding that arbitrator cannot pierce a corporate veil or treat a non-signatory as an alter ego to fasten liability, while modifying the award to direct repayment of a loan of Rs. 2.5 crore with interest. Justice N. Anand Venkatesh held that the arbitrator exceeded its jurisdiction by treating a third party as the petitioner's sister concern and concluding breach of contract based on that inference. Sugesan Transport Pvt....

Even Though Evidence Act Is Not Applicable To Arbitration, Tribunal Must Follow Its Core Principles: Madras High Court

The Madras High Court has recently observed that although arbitral tribunals are not bound by the Evidence Act, they must still follow its foundational principles when assessing evidence to avoid judicial scrutiny. A single bench of Justice N Anand Venkatesh stated that “the fundamental principles of the Evidence Act which provides the basis for dealing with the case must be satisfied failing which the Arbitral Award will infract the fundamental policy of Indian law. It can also lead to...

Post-Award Claim For Reimbursement Of Municipal Tax Is Not Maintainable U/S 9 Arbitration Act: Calcutta High Court

The Calcutta High Court held that a partner cannot claim reimbursement of municipal tax payments through a post award petition filed under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) as such issue constitutes substantive monetary dispute requiring adjudication under section 34 of the Arbitration Act. Justice Gaurang Kanth dismissed the petition filed by partners of M/s. Chander Niwas seeking directions for reimbursement from other partners of their share of...