Karnataka High Court
LEGAL SUBJECT
Arbitration and Mediation
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Delhi High Court
No extra stamp duty is payable on a Gujarat arbitral award merely because enforcement is sought in Delhi, rules Delhi HC
The Decree Holder sought enforcement under Section 36 of the Arbitration and Conciliation Act, 1996 of an arbitral award dated 13 April 2023, as corrected on 15 April 2023.3 MIN READ↗
Karnataka High Court
Arbitral compensation based on land potential is a question of fact, not law, and warrants no Section 34 interference.
Land measuring 3,939 sq. m. in Sy. No. 197, Kenchanakuppe Village, was acquired for widening NH-275 following notifications under Sections 3A and 3D of the National Highways Act, 1956.2 MIN READ↗
Karnataka High Court
Insufficient stamping does not invalidate an arbitration agreement; stamping objections are for the arbitral tribunal.
The petitioner challenged the Commercial Court’s order allowing Respondent No. 1’s application under Section 8 of the Arbitration and Conciliation Act, 1996, and referring the parties to arbitration2 MIN READ↗
Uttarakhand High Court
Section 12-A pre-institution mediation is mandatory unless the suit genuinely contemplates urgent interim relief.
The appellant challenged the Commercial Court, Dehradun’s order dated 2 September 2024, which declined to permit it to institute an injunction suit without first complying with Section 12-A of the Commercial Courts Ac...2 MIN READ↗
Delhi High Court
Procedural objections alone do not justify terminating an arbitrator’s mandate.
GAIL sought a twelve-month extension of the mandate of the sole arbitrator, appointed by the Court, to complete arbitration arising from contractual arrangements for underground pipeline works in Ranchi.2 MIN READ↗
Delhi High Court
Arbitrators’ recusal does not terminate arbitration; Delhi High Court rules vacancies must be filled by substitutes false
NHAI and respondent no. 1 were parties to a Concession Agreement dated 25 March 2013 containing an arbitration clause.3 MIN READ↗
Delhi High Court
CPWD cannot appoint a sole arbitrator through its own officer or restrict choice to its curated panel, Delhi High Court rules
The petitioner, a works contractor, was awarded a CPWD contract for renovation and furnishing works at Punjab & Sind Bank’s Corporate Office.3 MIN READ↗
Delhi High Court
A party interested in the dispute cannot unilaterally appoint the sole arbitrator.
The Bureau of Energy Efficiency (BEE) awarded the petitioner a contract to conduct refresher courses for Energy Auditors and Energy Managers.2 MIN READ↗
Bombay High Court
An arbitral tribunal cannot grant interim security contrary to the parties’ express contractual bargain.
The parties’ Joint Development Agreement (JDA) provided for a refundable security deposit and, under Clause 4.4, two flats as security for its refund.3 MIN READ↗
Delhi High Court
A party’s unilateral power to appoint a sole arbitrator violates equal treatment of parties.
The petitioner sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“A&C Act”) in disputes arising from an Agreement for Purchase of Machinery effective from 26 Au...3 MIN READ↗
Karnataka High Court
Limitation Must Be Decided First, and the Full Award Deposited with 15% Annual Interest.
The respondent challenged an arbitral award before the Commercial Court and sought a stay of its operation and execution in the pending execution proceedings.3 MIN READ↗
Delhi High Court
A Section 11 court must leave limitation of underlying claims to the arbitrator.
The petitioner, a fabric supplier, claimed that goods supplied to the respondent between September 2019 and August 2021 remained unpaid, leaving ₹19,88,360 outstanding.2 MIN READ↗
Delhi High Court
A valid arbitration agreement and failed appointment process warrant appointment of an independent arbitrator.
The parties entered into a Brand Agreement dated 19 December 2025, under which the respondent was to manage influencer-marketing campaigns for the petitioner.2 MIN READ↗
Delhi High Court
Courts may fix arbitral fees when appointing a substitute arbitrator.
The parties’ 2018 Undertaking contained an arbitration clause providing for arbitration under the Arbitration and Conciliation Act, 1996, with New Delhi as the venue2 MIN READ↗
Delhi High Court
Courts may extend expired arbitral mandates and appoint substitute arbitrators upon sufficient cause.
The parties’ disputes under a Kisan Call Centre services agreement were referred to arbitration before a sole arbitrator.3 MIN READ↗
Delhi High Court
Where parties fail to agree, the court may appoint an independent sole arbitrator under Section 11.
The petitioner, a mall maintenance-services provider, entered into a Maintenance and Services Agreement (MSA) dated 10 April 2024 with the respondents, who were respectively the occupant and allottee/owner of premises...2 MIN READ↗
Delhi High Court
A party cannot unilaterally appoint the sole arbitrator under an arbitration agreement.
The petitioner, formerly employed by the respondent as General Manager (Sales), claimed unpaid terminal dues, including salary and client-meeting expenses, totalling Rs. 5,87,739, besides interest and other reliefs.2 MIN READ↗
Delhi High Court
An Independent Sole Arbitrator Must Be Appointed Where Party Appointment Is Impermissible.
Tata Capital Limited, an NBFC, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking constitution of an arbitral tribunal.2 MIN READ↗
Chhattisgarh High Court
Writ interference with arbitral orders is unwarranted where remedies under the Arbitration Act remain available.
The petitioners’ lands were acquired for the Raipur–Dhamtari National Highway (NH-30).2 MIN READ↗
Delhi High Court
An admitted arbitration agreement warrants appointment, leaving jurisdictional objections to the tribunal.
The parties entered into a Motor Spirit and High Speed Diesel Retail Outlet Dealership Agreement on 3 June 2014, concerning a retail outlet in Sonipat, Haryana.2 MIN READ↗
Delhi High Court
An undisputed arbitration agreement warrants appointment of a sole arbitrator.
The parties executed a lease deed dated 21 October 2022 for an 11-month term at monthly rent of ₹25 lakh. After the lease commenced on 1 October 2023, the respondent allegedly failed to pay rent and issued cheques tha...2 MIN READ↗
Delhi High Court
COVID-19 lockdown does not, by itself, extinguish the obligation to pay rent.
The parties entered into a registered lease deed dated 10 June 2019 containing an arbitration clause.2 MIN READ↗
Madras High Court
Premature lease termination to secure higher rent warrants restraint where damages would burden the public exchequer.
PRG Shipping held leases of spaces at the Nagapattinam Passenger Terminal.2 MIN READ↗
Madras High Court
Madras High Court bars second arbitration after finding landowners waived arbitration by pursuing the same dispute in civil court
The parties had entered into a Memorandum of Understanding dated 9 May 2013 and a Supplemental Agreement dated 27 June 2014 concerning the sale of land.2 MIN READ↗
Madras High Court
Dawn Pictures directed to secure ₹8.39 crore in Sudha Kongara’s disputed film-remuneration claim pending arbitration
The applicants claimed that, under a Director Agreement with the respondent, they were owed an unpaid balance of ₹8.39 crore from agreed remuneration of ₹15 crore.2 MIN READ↗
Madras High Court
Section 9 relief was denied because no Section 21 notice had initiated arbitration.
The applicant and respondent entered into an agreement dated 21 July 2023 under which the applicant supplied film-projection equipment to the respondent’s theatre, with a five-year lock-in period; the applicant also a...2 MIN READ↗
Madras High Court
Partnership funds must remain in fixed deposit pending arbitral resolution of the partners’ disputes.
The applicant and the first respondent were partners in a reconstituted firm whose partnership deed contained an arbitration clause.2 MIN READ↗
Karnataka High Court
A duly invoked arbitration clause warrants appointment of a sole arbitrator.
The petitioner, a real-estate company, and the respondents, owners of the petition-schedule property, entered into a Joint Development Agreement dated 18 November 2013 for construction of a residential apartment.2 MIN READ↗
Karnataka High Court
Interest on an arbitral award continues unless deposited funds are unconditionally available for withdrawal.
The Bangalore Development Authority (BDA) deposited the arbitral award amount before the Commercial Court pursuant to an order dated 9 August 2023, which required the deposit as a condition for staying execution and o...2 MIN READ↗No articles match these filters.