Delhi High Court
LEGAL SUBJECT
Arbitration and Mediation
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Delhi High Court
An exclusive jurisdiction clause designating Roorkee prevails over a dual seat-and-venue arbitration clause.
The petitioner filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim protection in relation to disputes arising from a Joint Development Agreement dated 16 September 2025.3 MIN READ↗
Calcutta High Court
An arbitral tribunal may grant protective interim measures before deciding objections to jurisdiction or arbitrability.
Forum Projects Private Limited, developer of the residential complex “Atmosphere” in Kolkata, had obtained sanction for two penthouses on the 36th and 37th floors and an additional apartment at the E-Deck level.5 MIN READ↗
Delhi High Court
A litigant cannot resile from its counsel’s unchallenged settlement statements before two judicial forums.
The respondents obtained a loan of ₹14,50,000 from the petitioner-bank, secured by a mortgage and a post-dated cheque.3 MIN READ↗
Madras High Court
Appeal disposed in terms of mediated settlement, which forms part of the decree.
The appellant filed an appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 29 March 2023 in O.S. No. 320 of 2019 passed by the II Additional District Court, Tiruchen...2 MIN READ↗
Supreme Court
Section 37 appeal cannot be remitted to arbitral tribunal as Section 17 application, Supreme Court rules
Hariom Projects Pvt. Ltd. was awarded a contract by the Union of India for providing administrative and training infrastructure at NDA Khadakwasla. Disputes arose concerning payment adjustments, escalation calculation...4 MIN READ↗
Delhi High Court
Section 38 permits termination of arbitral proceedings for non-payment, without exception for financial incapacity.
In W.P.(C) 13882/2026, Rajesh Kumar had initially instituted a suit for possession and recovery before the Commercial Court, which was rejected after the respondent invoked Section 8 of the Arbitration and Conciliatio...3 MIN READ↗
Gauhati High Court
Suits may be restored under Order IX Rule 9 where counsel negligence and circumstances justify overlooking deficient pleadings.
The appellant, a registered contractor of the Military Engineering Services, was awarded Contract No. GE/TEZ/55 of 1982–83. Disputes arose regarding execution of the contract and were referred to arbitration. The arbi...3 MIN READ↗
Gujarat High Court
Gujarat High Court imposes ₹3 lakh costs on Housing Board for frivolous challenge to arbitration award
The Gujarat Housing Board (“GHB”) awarded M/s. Cube Construction Engineering Limited a turnkey construction contract for a housing project at Bhuj. The work order was issued on 12 February 2014, the work commenced on...5 MIN READ↗
Delhi High Court
Section 9 interim protection continues until the tribunal considers it, provided arbitration commences within three weeks.
The dispute arose from an Agreement for Sale dated 12 April 2025 between the parties concerning machinery and equipment supplied by the petitioner to the respondents.3 MIN READ↗
Delhi High Court
Section 11 scrutiny is confined to the prima facie existence of a valid arbitration agreement.
The Petitioner invoked Section 11 of the Arbitration and Conciliation Act, 1996 (“Act”) seeking resolution of disputes arising from the Fund Raising Services Agreements dated 8 July 2021 and 16 July 2021.3 MIN READ↗
Delhi High Court
Post-award arbitral interest must comply with amended Section 31(7)(b), not the pre-2015 18% rate.
An arbitral award dated 28 February 2022 directed payment of certain sums and awarded post-award interest at 18% per annum until payment.3 MIN READ↗
Delhi High Court
Reputational harm alone cannot justify restraining invocation of an unconditional performance bank guarantee.
The Appellant awarded the Respondent an EPC contract dated 09.05.2018 for rehabilitation and upgradation of approximately 31.918 km of NH-752H, at a contract price of approximately ₹153.59 crore.3 MIN READ↗
Madhya Pradesh High Court
An arbitral award cannot be set aside under Section 34 absent a statutory ground; merits review is impermissible.
The respondent-contractor was awarded a Railway contract for constructing 24 houses at Jabalpur, originally scheduled for completion within 11 months.3 MIN READ↗
Delhi High Court
Express contractual risk allocation defeats claims of uncertainty and fraudulent inducement absent proven active concealment.
The National Highways Authority of India (“NHAI”) invited tenders for collection of user fee at the Usaka/Chamari Toll Plaza on specified stretches of NH-25 and NH-2, with an Annual Potential Collection of approximate...4 MIN READ↗
Supreme Court
Arbitration venue does not automatically become its legal seat, Supreme Court rules while restoring award challenge before Sundargarh court
Mahanadi Coalfields Ltd. issued a tender for hiring heavy earth-moving machinery for works at its Kulda Open Cast Project and adjoining areas in Sundargarh. GSCO was the successful bidder, and the parties entered into...3 MIN READ↗
Delhi High Court
Where an arbitration clause is undisputed, the Court may mandate mediation before referring unresolved disputes to DIAC arbitration.
The petitioner filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an independent sole arbitrator to adjudicate disputes arising from the parties’ Agreement dated...3 MIN READ↗
Delhi High Court
Unless ex facie non-arbitrable, arbitrability objections fall to the arbitral tribunal under Section 11.
The Petitioner and Respondent No. 1 entered into a Letter of Engagement dated 1 April 2022 under which the Respondent was to provide marketing, promotion, branding and business-referral services. Clause 5 contained an...4 MIN READ↗
Bombay High Court
Section 9 permits interim restraint against connected non-signatories to preserve contractual non-compete obligations.
Parle Agro Private Limited (“PAPL”) had entered into a Franchise Agreement dated 5 February 2014 with Udayak Agro Products Pvt. Ltd. (“Udayak”) for manufacturing and distributing packaged drinking water under the “BAI...4 MIN READ↗
Supreme Court
SC: Express contract bar on interest for delayed payments excludes pre-reference interest in arbitration
NEEPCO invited tenders for civil works relating to a Gas Turbine Power Project in Tripura; Astra Construction’s tender was accepted and the parties executed a contract containing Clause 54 of the General Conditions of...3 MIN READ↗
Calcutta High Court
Pendency of a title suit does not stay execution of a final eviction arbitral award.
The petitioner, the award debtor, was inducted by the opposite party into premises no. P-10, Taratala Road, Kolkata, under an agreement dated 26 December 2004 for six years commencing from 1 November 2005.3 MIN READ↗
Bombay High Court
Foreign arbitral tribunal’s interim remedy held inefficacious in India; Bombay HC orders security for admitted USD 66.9 million claim
Sunfield Global Pte. Ltd., a Singaporean company, entered into six contracts with Liberty Investments Pvt. Ltd. for the supply of 11,500 metric tonnes of oil.4 MIN READ↗
Delhi High Court
Patent illegality is unavailable to challenge India-seated international commercial arbitral awards under Section 34.
Steel Authority of India Ltd. (“SAIL”) and Norvic Shipping North America Inc. (“Norvic”) entered into a Contract of Affreightment dated 5 April 2019 for transportation of limestone from the UAE to India over multiple...4 MIN READ↗
Calcutta High Court
An arbitral award based on no evidence is vitiated by patent illegality.
The State of West Bengal challenged, under Section 37 of the Arbitration and Conciliation Act, 1996, the Commercial Court’s order dated 30 March 2022 dismissing its Section 34 petition against an arbitral award dated...4 MIN READ↗
Bombay High Court
Section 11 limitation begins upon refusal to act on an arbitration notice, not the underlying claim.
The Applicant and the Respondent-Society entered into an Agreement dated 15 February 1996 for development of the Society’s property, followed by a Supplementary Agreement dated 16 April 2005.4 MIN READ↗
Bombay High Court
Once MSEFC statutory arbitration commences, courts cannot appoint a parallel contractual arbitrator under Section 11.
The Applicant and Respondent executed a Purchase Agreement dated 11 December 2022 containing an arbitration clause under Clause 6.9, providing for arbitration and stipulating Mumbai as the venue/seat, with Mumbai cour...4 MIN READ↗
Delhi High Court
Section 38 permits termination of arbitral proceedings for non-payment, without exception for financial incapacity.
In W.P.(C) 13882/2026, Rajesh Kumar had initially instituted a suit for possession and recovery before the Commercial Court, which was rejected after the respondent invoked Section 8 of the Arbitration and Conciliatio...3 MIN READ↗
Bombay High Court
Rejecting a loss-of-profit claim despite employer fault and claimant innocence constitutes patent illegality.
The Municipal Corporation of Greater Mumbai (“MCGM”) invited bids in January 1997 for the supply, erection and commissioning of 130 low-speed floating aerators at the Bhandup and Ghatkopar lagoons. M/s Hubert B.V. was...4 MIN READ↗
Odisha High Court
Writ petitions against Section 37 arbitration orders maintainable despite second-appeal bar, Odisha HC holds
The judgment concerned nine writ petitions involving challenges to orders passed by District Judges exercising appellate jurisdiction under Section 37(1) of the Arbitration and Conciliation Act, 1996 (“1996 Act”).4 MIN READ↗
Delhi High Court
Failure to adjudicate an inseverable counterclaim renders the entire arbitral award patently illegal.
The appellant was awarded a contract by the Ministry of Defence for supplying 35,897 blankets to various locations at ₹598 per blanket. Of these, 7,660 blankets supplied to Pune were rejected as allegedly substandard...4 MIN READ↗No articles match these filters.