Arbitration and Conciliation Act, 1996

Shree Ram Mills Ltd. and Utility Premises (P) Ltd. entered into two development agreements for a parcel of land, the first for 1.20 lakh sq.ft. of FSI and the second for a reduced area. A Memorandum of Understanding (MoU) dated 19‑Jan‑2005 was later executed to settle all disputes, with the respondent receiving a parti…

The appellant, son and legal heir of a deceased partner in a partnership firm, sought appointment of an arbitrator under the arbitration clause of the partnership deed after the firm failed to render accounts. The Allahabad High Court dismissed the application, holding that the arbitration agreement did not bind the he…

Premier Fabricators entered into a contract with Heavy Engineering Corp. that contained an arbitration clause. Disputes over items 2‑5 of the claim were referred to two arbitrators, who agreed the items were arbitrable but could not agree on the merits, so they appointed an umpire. The umpire issued a non‑speaking awar…

The dispute involved a partnership firm where two of the three partners had died, and the legal heirs of one deceased partner sought to enforce an arbitration clause in the partnership deed to resolve a claim for rendition of accounts. The respondents argued that the heirs, being non‑signatories to the deed and without…

Dakshin Shelters Pvt. Ltd. and Geeta S. Johari entered into a Development Agreement containing an arbitration clause. On December 10, 2010 the respondent invoked the clause, nominated a former High Court judge as its arbitrator and asked the petitioner to nominate its own arbitrator. The petitioner replied on January 1…

Ambica Construction entered into a works contract with the Union of India (Railways) which incorporated Clause 43(2) requiring a No‑Claim Certificate after the works were finally measured. The contractor could not complete the work on time, faced deductions and was denied payment and refund of its security deposit unle…

Weatherford Oil Tool Middle East Ltd entered into three oil‑field service agreements with Baker Hughes Singapore Pte. The respondent terminated the agreements and, when the petitioner invoked the arbitration clauses, raised a contention that the contracts were unstamped under the Maharashtra Stamp Act. The respondent p…

Grasim Industries Ltd. and another entered into a dealer and consignment agreement with Mis. Agarwal Steel. A dispute over a joint statement of account (Ex.D‑8) was referred to arbitration. The respondent claimed that his signature on Ex.D‑8 was merely a receipt and therefore made under mistake, leading the arbitrator …

OPG Power Generation (the appellant) and its holding company Gita Power were sued by Enexio Power Cooling Solutions for unpaid amounts under supply and erection orders for an air‑cooled condenser unit. The arbitral tribunal held that Gita Power, as the holding company, was bound by the arbitration agreement and jointly…

The AMP Group and the JRS Group entered into a Family Arrangement Agreement (FAA) containing an arbitration clause, and later sought to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The petition raised two questions: the scope of the referral court’s jurisdiction after the…

The dispute arose when an arbitrator, appointed with the parties' consent, terminated the arbitration under Section 25(a) of the Arbitration and Conciliation Act, 1996 because the claimant failed to file a statement of claim within the time prescribed under Section 23(1). The claimant later filed an application seeking…

The dispute arose between M/s Emkay Global Financial Services Ltd., a broker on the National Stock Exchange (NSE), and its client Giradhar Sondhi over securities transactions. An arbitration under NSE bye‑laws was held in Delhi, resulting in an award rejecting Sondhi’s claim. Sondhi filed a Section 34 application in th…

The contractor Sree Kamatchi Amman Constructions entered into a construction contract with the Indian Railways, which contained Clause 16(2) barring interest on earnest money, security deposit, or any amount payable under the contract. The contractor invoked the arbitration clause alleging breach, and the arbitral trib…

The owners of the vessel M.V. Baltic Confidence and the charterer (respondent No.2) issued five bills of lading that incorporated the terms of their time‑charter party, including an arbitration clause. The holder of the bills of lading (respondent No.1) sued them in admiralty court for negligence and breach of carriage…

The petitioner, Ador Samia Private Ltd., filed a Special Leave Petition under Article 136 of the Constitution challenging an order of the Chief Justice of the Bombay High Court that appointed an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The central issue was whether such an appointme…

The dispute arose from a contract between Indian Oil Corporation Limited (IOCL) and NCC Limited (NCCL) for civil and structural works at Paradip Refinery, where NCCL submitted a final bill including "Notified Claims" and sought an extension of time. IOCL released a payment of Rs.4,53,04,021/- and returned NCCL's bank g…

The appeal concerned awards of compensation under the National Highways Act, where the amount was fixed by an arbitrator appointed by the Central Government. The petitioners argued that Section 34 of the Arbitration and Conciliation Act, 1996 should allow the court to modify such awards, especially where the award was …

Reliance Cellulose Products Ltd. and ONGC entered into a contract for supply of CMC. A dispute arose over the price, which was referred to arbitration. The arbitrator fixed a higher price and awarded pre‑reference, pendente‑lite and future interest at 18% per annum. The Civil Judge reduced the interest to 10% and the G…

The appellant, SMS Tea Estates, entered into a 30‑year lease deed with the respondent, Chandmari Tea Co., which contained Clause 35 mandating arbitration of disputes. The lease deed was not registered, though registration was compulsory, and it was also not duly stamped. The appellant sought appointment of an arbitrato…

Hindustan Copper Ltd challenged an arbitration award dated 28 September 2006 by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The Single Judge of the Jharkhand High Court dismissed the petition as not maintainable, holding that it should have been filed before the appropriate court d…

MIS. I.T. Ltd. appealed to the Supreme Court against the order of the 10th Additional City Civil Judge, Bangalore, which dismissed its appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996. The central question was whether a revision petition under Section 115 of the Code of Civil Procedure (CPC) …

PASL Wind Solutions and GE Power Conversion India, both Indian companies, entered a settlement agreement that provided for arbitration under ICC rules with the seat in Zurich and the substantive law of India. A dispute over warranty claims was arbitrated, the arbitrator held the seat to be Zurich (with hearings in Mumb…

The appellants, joint owners of a property, entered into development agreements with the respondent which contained an arbitration clause. A dispute arose and an arbitrator awarded in favour of the respondent, but the award was unreasoned. The appellants challenged the award under Section 34 of the Arbitration and Conc…

The dispute arose between Andhra Pradesh Tourism Development Corporation Ltd (APTDC) and Pampa Hotels Ltd over lease and management agreements executed on 30‑March‑2002, which contained arbitration clauses. Pampa Hotels Ltd was incorporated only on 9‑April‑2003, so it did not exist when the contracts were signed. APTDC…

Citation Infowares Ltd., an Indian company, entered into outsourcing agreements with US‑based Equinox Corp., the last of which (dated 25‑Jan‑2007) stipulated that the contract would be governed by California law and that any dispute would be referred to a mutually agreed arbitrator. After Equinox terminated the agreeme…

The respondent, Snehasis Nanda, bought a flat and entered into a sale agreement with a borrower, while Citicorp Finance (the appellant) granted a home loan to the borrower and transferred part of the loan amount to the bank to foreclose the borrower's existing loan. Nanda claimed that under a purported Tripartite Agree…

LMJ International Ltd. and Sleepwell Industries Ltd. entered into two separate contracts for the sale of Thai rice, governed by GAFTA 48 with disputes to be arbitrated under GAFTA 125 in London. Two foreign arbitral awards were rendered in favour of the respondent, who then filed execution petitions under Section 48 of…

Sundaram Finance Ltd. filed a suit for injunction to restrain the repossession of a vehicle financed to T. Thankam. The loan agreement contained an arbitration clause (clause 22) and a repossession clause (clause 14.6). The respondent filed the injunction suit in a civil court; the appellant moved an application under …

M/s. Bhandari Udyog Ltd., a cotton ginning business in Raichur, Karnataka, sold 750 bales of cotton to Respondent No.2, a spinning mill in Latur, Maharashtra. A dispute over the unpaid balance was referred to arbitration under the Arbitration and Conciliation Act, 1996, and an award was made directing payment. Responde…

The parties agreed to resolve their family business disputes by arbitration with two arbitrators and an award was rendered. The respondents later applied to the Calcutta High Court to set aside the award, arguing that the Arbitration and Conciliation Act, 1996 forbids an even number of arbitrators, making the tribunal …

The Haryana Space Application Centre (HARSAC), a nodal agency of the Haryana government, awarded a GIS modernisation contract to Pan India Consultants and incorporated an arbitration clause in the service level agreement. HARSAC appointed the Principal Secretary to the Government of Haryana as its nominee arbitrator, w…

Venkatesh Construction Company sued Karnataka Vidyuth Karkhane Ltd for Rs.30 lakh for extra work, stoppage of work, and loss of stocked material. The trial court awarded Rs.3,23,000 with 12% interest, finding that extra work was required and the respondent had directed a stoppage. The High Court reversed the decree, re…

Balli Petrochemicals Ltd, a London‑incorporated company, entered into a global tender with NALCO, a Government of India undertaking, and disputes arose over the tender and a purchase order. Clause 16 of the tender required the appointment of a sole arbitrator, initially a former Chief Justice of India, who later resign…

M/s Unibros was awarded a construction contract by All India Radio, but the project was delayed by about 42.5 months due to the employer's failure to provide site and drawings. The arbitrator awarded the contractor Rs. 1.44 crore as loss of profit based on Hudson's formula, despite the contractor providing no credible …

The appellant, Ruchir Rastogi, filed an FIR alleging that his brother Pankaj Rastogi, a co‑partner in a family HUF, illegally removed gold, silver, diamonds and other assets from a jointly‑run shop in violation of an interim injunction ordered under the Arbitration and Conciliation Act. The High Court had quashed the F…

Chennai Metro Rail Ltd. entered into a Rs 1566‑crore contract with Afcons, which later gave rise to arbitration. The three‑member tribunal initially fixed the arbitrators' hearing fee at Rs 1,00,000 per session, but later unilaterally raised it to Rs 2,00,000. Chennai Metro challenged the fee increase, arguing that the…

Jaycee Housing Pvt. Ltd. and others appealed against a notification by the Odisha Government that designated the Court of Civil Judge (Senior Division) as a Commercial Court to hear arbitration applications under the Arbitration and Conciliation Act, 1996. The appellants argued that Section 2(1)(e) of the Arbitration A…

The Supreme Court examined whether an order issued by the Chief Justice of a High Court under Section 11 of the Arbitration and Conciliation Act, 1996—directing the appointment of arbitrators and deciding preliminary issues—constitutes a judicial order or an administrative one, and consequently whether it is amenable t…

The appellant SEPCO Electric Power Construction Corp. obtained an arbitral award of Rs 142 crore in favour of the respondent Power Mech Projects Ltd. The appellant filed a Section 34 challenge and, on the same day, a Section 36(2) application for a stay of the award. The respondent subsequently filed a Section 9 applic…

The Supreme Court examined whether Section 3J of the National Highways Act, 1956, which excludes the Land Acquisition Act's provisions on solatium and interest, violates Article 14 of the Constitution. The Court held that solatium is an integral part of compensation for compulsory acquisition and that the 1997 amendmen…

The petitioner, an Indian shipping company, entered into an agency agreement with a Bangladeshi shipping firm. The petitioner alleged breach of the agreement and claimed a sum of USD 134,875.88. The agreement contained a clause stating that any dispute not settled amicably shall be resolved by arbitration governed by I…

The case concerned compensation disputes arising from the erection of transmission towers and power lines under a 400 kV project that traversed four districts in Haryana. Landowners claimed that the compensation awarded by the District Judges and upheld by the High Court was inadequate, while the contractor sought to l…

Geojit Financial Services Ltd. filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. The Bombay High Court dismissed the appeal, holding that the three‑month limitation period began on the date the award was received because the appellant's earlier applicati…

Avitel Post Studioz Ltd and its promoters invested USD 60 million in HSBC based on alleged representations that Avitel would secure a lucrative BBC contract, which later proved to be fictitious. HSBC obtained interim awards and a foreign final award from a Singapore tribunal finding the appellants liable for fraudulent…

The parties entered into a construction contract containing an arbitration clause, and an award was rendered on 11 November 2010. The respondent later filed a Section 11 application in the High Court seeking appointment of an arbitrator, claiming the clause was invalid; the application was dismissed. Subsequently, on 2…

The appellant, a director of Aatash Norcontrol Limited (ANL), was arrested in connection with alleged financial irregularities in a Build‑Own‑Operate‑Transfer project for a Vessel Traffic and Port Management System (VTPMS) in the Gulf of Khambhat. While the dispute over capital costs was referred to arbitration, the Gu…

The Ministry of Home Affairs floated a tender for the supply of Glock pistols, which was awarded to Glock Asia‑Pacific Ltd. The tender’s conditions stipulated that any dispute be referred to a sole arbitrator appointed by the Secretary of the Ministry of Home Affairs, specifically an officer of the Ministry of Law. The…

The appellant, a micro‑enterprise, obtained an arbitral award of Rs.2.72 crore against the respondent. The respondent filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award. The appellant invoked Section 19 of the Micro, Small and Medium Enterprise Development Act, 2006, …

Evergreen Land Mark Pvt. Ltd. (appellant) leased premises from John Tinson & Co. and ran a restaurant/bar. The lease was terminated and a dispute over rental payments for March 2020‑December 2021 arose, leading the parties to arbitration. The owners filed applications under Section 17 of the Arbitration Act seeking ful…

The Union of India contracted with M/s Varindera Constructions for residential construction, incorporating Clause 19 (no escalation reimbursement) and Clause 6.3 (no claim for excess wages) in the agreement. During performance, the Haryana government raised the minimum wages, and the contractor sought reimbursement for…

Indus Mobile Distribution Pvt. Ltd. appealed against a Delhi High Court order that had entertained interim relief applications, holding that the court had jurisdiction because the cause of action did not arise in Mumbai. The parties' agreement designated Mumbai as the seat of arbitration and contained a clause stating …

The Supreme Court examined whether Section 5 of the Limitation Act, 1963 applies to appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, especially when those appeals are governed by Articles 116, 117 of the Limitation Act or by Section 13(1A) of the Commercial Courts Act, 2015. It overruled th…

The State of Orissa directed its Vigilance Cell to investigate alleged irregularities in the procurement and milling of paddy by the respondent, a proprietary rice mill owner. The respondent filed multiple writ petitions; the High Court initially ordered the inquiry to be completed within twelve weeks, later stayed and…

The Municipal Council Thanesar auctioned shop premises to the respondents, but disputes arose over completion and possession. An arbitrator awarded the council to complete the work and to pay interest on advance rent and non‑refundable security at 7% per annum, without specifying the mode of calculation. The executing …

The Assam Urban Water Supply & Sewage Board and Subash Projects & Marketing Ltd entered into two water‑supply contracts that gave rise to disputes resolved by a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996. The arbitrator issued awards on 22 August 2003, which the appellants received on 26…

Mahesh Ratilal Shah filed a writ petition alleging that the Bombay Stock Exchange (BSE) had listed the shares of Presto Finance Ltd. despite fraudulent dealings, and that the BSE’s Rules and Bye‑laws, never published in the Gazette, were ultra vires the Securities Contracts (Regulation) Act, 1956. The petition sought d…

Suresh Shah, the landlord, sub‑leased a property to Hipad Technology India Private Limited. A dispute arose under the sub‑lease dated 14‑11‑2018, and the lease contained an arbitration clause. Shah issued a notice invoking the clause, nominated retired Justice Mukul Mudgal as sole arbitrator, and filed an arbitration p…

M/s Dyna Technologies entered into a contract with M/s Crompton Greaves for construction work on an aquaculture project, which was terminated prematurely, leading Dyna to claim compensation for loss of profit, idle charges and unproductive use of machinery. The arbitral tribunal awarded Rs 27,78,125 for the unproductiv…

The parties were partners in a firm and a civil suit was filed concerning partnership property. The partnership deed contained an arbitration clause, but the civil court, after hearing the parties, held that it had jurisdiction to try the suit and declined to refer the matter to arbitration under Section 8(1) of the Ar…

M.M.T.C. Ltd. appealed against a High Court order directing it to appoint an arbitrator under the Arbitration and Conciliation Act, 1996. The dispute arose after the 1996 Act came into force, so the Court examined whether the arbitration clause in a 1993 agreement, which provided for each party to nominate one arbitrat…

The appellant, Magma Leasing & Finance Ltd., entered into a hire‑purchase agreement with the respondent, Potluri Madhavilata, which contained a broad arbitration clause (clause 22). After the respondent defaulted on instalments, the appellant terminated the agreement, seized the vehicle and the respondent filed a suit …

The Supreme Court examined whether an insurance dispute could be referred to arbitration after the insured had executed an undated full‑and‑final discharge voucher. The insured claimed the voucher was signed under coercion and that the insurer had conditioned payment on its execution. The Court held that the existence …

Brij Raj Oberoi leased the Norkhill Hotel from the State of Sikkim for 24 years under a deed that contained a renewal clause (clause 4(xiii)) requiring the lessee to give notice and, if the parties could not agree on the rent or period, to refer the dispute to arbitration. Oberoi offered renewal on 12 November 2020, bu…

The Supreme Court examined the scope of Section 11(6) of the Arbitration and Conciliation Act, 1996 concerning the appointment of arbitrators when the parties' agreed procedure fails. It held that the Chief Justice (or a person/institution designated by him) may make the appointment, but must do so with "due regard" to…

The appellant and Eastern Coalfields Limited entered into a contract for transportation of goods that contained Clause 13, which the appellant claimed was an arbitration agreement. The appellant filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator, …

SBI General Insurance issued a fire insurance policy to Krish Spinning, which settled the first fire claim by a discharge voucher and payment of Rs 84,19,579. Krish Spinning later disputed the quantum of the settlement, alleging coercion, and invoked the arbitration clause in the policy by filing a Section 11(6) applic…

The parties entered into a 2012 contract for the supply of sub‑machine guns, after which the Ministry of Defence encashed a bank guarantee and deducted liquidated damages in September 2016. The petitioner claimed the dispute should be resolved by arbitration and, after a series of bilateral discussions, issued a notice…

BBR (India) Private Limited and S.P. Singla Constructions entered into a contract containing an arbitration clause that did not specify a seat. The first arbitrator fixed the place of proceedings at Panchkula, Haryana, which the Court treated as the jurisdictional seat under Section 20(2) of the Arbitration and Concili…

The petitioner, Delta Mechcons, entered into four sub‑contracts for a power‑plant project with the respondent, Marubeni. The contracts contained an arbitration clause stipulating that each party would appoint one arbitrator and the two would jointly select a third arbitrator as chairman, who must not share the national…

The Supreme Court considered an appeal by the Madhya Pradesh Rural Road Development Authority challenging a High Court order that had invoked Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate a dispute. The dispute concerned the applicability of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1…

The State of Chhattisgarh appealed against an order of the High Court that had directed the parties to approach the Arbitration and Conciliation Act, 1996 for resolution of a dispute with M/S KMC Construction Limited. The Supreme Court examined whether the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (MP Act) c…

The East Central Railways awarded a risk‑and‑cost tender to Tantia Construction for a rail over‑bridge. Subsequent design changes required an extended viaduct, increasing the work and cost. The contractor refused to undertake the additional work, which was not covered by the original agreement, and the Railways attempt…

Disortho S.A.S., a Colombian company, and Meril Life Sciences, an Indian company, entered an International Exclusive Distributor Agreement for medical products in Colombia. Clause 16.5 of the agreement states that Indian law governs the contract and Gujarat courts have jurisdiction, while Clause 18 provides for concili…

MMTC Ltd., a consignment agent for Vedanta Ltd., supplied copper rods to Hindustan Transmission Products Ltd. (HTPL) under an amended agreement and failed to collect and remit payment, prompting Vedanta to invoke the arbitration clause of their 1993 agreement. The arbitral tribunal awarded Vedanta a sum of money, which…

The Union of India entered into a contract with PAM Development for constructing an industrial loco shed, which was later terminated for delay and inferior work. The contractor invoked an arbitration clause, and the Calcutta High Court appointed a former judge as sole arbitrator under Section 11(6) of the Arbitration a…

The case arose from an arbitration award directing the Andaman and Nicobar Administration to pay a contractor a sum with interest. The Executive Engineer (appellant) wrote letters to the contractor seeking to adjust the award by having the contractor accept only the principal amount and waive interest, invoking Order X…

The appellant, N. Srinivasa, entered into an agreement to purchase a plot of land from M/s Kuttukaran Machine Tools Ltd. After paying a large advance, the respondent failed to execute the sale deed, sought a higher price, and attempted to sell the property to a third party. The appellant filed an application under Sect…

The Tamil Nadu Electricity Board (TN EB) contracted Bridge Tunnel Constructions to build inter‑connecting tunnels for the Suruliyar Hydroelectric Project. After the contract was completed late, a dispute arose over additional payments. The respondent invoked the arbitration clause (clause 50) and appointed a sole arbit…

Maharashtra State Electricity Distribution Co. Ltd. (MSEB) awarded a contract to Datar Switchgear Ltd. (DSL) for installing Low Tension Load Management Systems. MSEB repeatedly failed to provide the list of locations (DTC lists) required for installation and also delayed renewal of the Letter of Credit. DSL terminated …

The North Delhi Municipal Corporation (appellant) contracted with M/s S.A. Builders Ltd. (respondent) for construction work, which was not completed and led to a dispute. An arbitrator awarded Rs. 1,70,70,720.80 with simple interest and later issued a clarification on 15 March 2005 regarding post‑award interest, after …

The case involved an international commercial arbitration under a Long‑Term Agreement for the supply of coking coal between Anglo American Metallurgical Coal Pty Ltd (appellant) and MMTC Ltd (respondent). The arbitral tribunal held that MMTC breached the contract by failing to lift 454,034 MT of coal at the agreed pric…

The Central Organisation for Railway Electrification (CORE) terminated a Rs 165‑crore work contract with M/s ECI‑SPIC‑SMO‑MCML (JV) and the contractor invoked the arbitration clause. The parties' contract and the modified Clause 64 of the General Conditions of Contract required a three‑member arbitral tribunal drawn fr…

International Amusement Ltd (operator of "Appu Ghar") held a licence from the India Trade Promotion Organisation (ITPO) to occupy land in Pragati Maidan. Clause 28 of the licence agreement provided that any dispute would be referred to arbitration by the Chairman of ITPO or his nominee. After the licence expired, ITPO …

The Union of India entered into a construction contract with Shring Construction Company. After the contract was completed, a dispute arose and the High Court appointed an arbitrator who awarded a sum to Shring. The Union challenged the award by filing a writ petition in the High Court, which was dismissed, and subsequ…

The Bombay Stock Exchange (BSE) held the assets of a defaulting member, C.S. Shah, in its Defaulters' Committee, which is merely an association of persons and not a juristic entity. Ms. Indu Malhotra obtained an arbitration award against Shah, which was made a rule of court and a decree, and sought attachment of the fu…

The contractor, Mis. Som Datt Builders Ltd., entered into a highway works contract with the State of Kerala and later claimed additional costs for extended time and equipment usage. The Engineer failed to decide on several claims, leading the contractor to refer the dispute to arbitration, where the tribunal awarded th…

Konkan Railway Corporation Limited (the appellant) entered into a lump‑sum contract with Chenab Bridge Project Undertaking (the respondent) for constructing a high‑altitude railway bridge. Disputes arose over increased entry tax and toll tax during execution, leading to a standing arbitral tribunal which rejected the r…

The plaintiff, RAKHEJA ENGINEERS, filed a commercial suit for recovery of money without seeking urgent interim relief. The defendant, M/S. PATIL AUTOMATION, moved to reject the plaint under Order VII Rule 11 of the CPC, arguing that the suit violated Section 12A of the Commercial Courts Act, 2015, which mandates pre‑in…

The appellants and respondents are beneficiaries of a family trust created by a deed that contains clause 20, which purports to refer any disputes among beneficiaries to arbitration under the Indian Arbitration Act, 1996. The respondents filed an application under Section 11 of the Arbitration and Conciliation Act, 199…

The appellant, Sonali Power Equipments, supplied transformers to the Maharashtra State Electricity Board between 1993 and 2004 and faced delayed payments. It referred the dispute to the Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act, obtaining an award in 2010, which the respondents …

The Indian Oil Corporation (IOC) terminated the dealership of T. Natarajan for alleged breaches, leading to arbitration which upheld the termination but gave the dealer liberty to seek reconsideration. The dealer filed a representation for restoration, which IOC rejected; the dealer then filed a writ petition. The Sing…

The Food Corporation of India (FCI) entered into contracts with rice millers that contained a standard arbitration clause referring disputes to the Indian Council of Arbitration (ICA). The ICA refused to proceed with arbitration unless the parties executed a fresh arbitration agreement, prompting FCI to approach the De…

The appellant, Mis Arvind Constructions Co. Pvt. Ltd., entered into a 1991 agency agreement and irrevocable power of attorney with Mis Kalinga Mining Corporation, a partnership firm originally registered in 1949 and later re‑registered in 2005 under the same name. After the agreement expired in 2006, disputes arose and…

Power Machines India Ltd obtained an arbitral award under the Micro, Small and Medium Enterprises Development Act, 2006 directing it to pay a sum to Lakshmi Engineering Industries. The State of Madhya Pradesh, invoking Rule 5 of the Madhya Pradesh MSME Facilitation Council Rules, 2006, sought recovery of the award amou…

The appellant, M/s. Soma Isolux NH One Tollway Pvt. Ltd., entered into a BOT concession agreement with the National Highways Authority of India (NHAI) to construct, operate and maintain a six‑laning of NH‑1. The High Court, while entertaining a public‑interest writ, cancelled the concession agreement, imposed heavy fin…

The Delhi Transport Corporation (DTC) entered into a 1993 agreement with Rose Advertising containing an arbitration clause. A dispute arose and the contractor sought appointment of an arbitrator in early 1996; the arbitrator was appointed on 4 July 1996, after the Arbitration and Conciliation Act, 1996 had come into fo…

IRCON entered into a construction contract with NBCC for a railway station‑cum‑commercial complex. NBCC failed to complete the work and the work was abandoned, prompting IRCON to terminate the contract under clause 60.1. NBCC invoked the arbitration clause; the Arbitral Tribunal held the termination under clause 60.1 i…

Black Pearl Hotels (Pvt) Ltd. entered into a "conducting agreement" with M/s Planet M Retail Ltd. and later sought arbitration under the Arbitration and Conciliation Act, 1996. The High Court Judge, invoking s.33(2)(b) of the Karnataka Stamp Act, 1957, referred the matter to the Registrar to determine whether the instr…

The appellant, a contractor, entered into a 1996 construction contract with the Union of India that contained an arbitration clause (Clause 64). After receiving the original work order of Rs.32.17 lakh, several supplementary work orders raised the total contract value to Rs.42.60 lakh. The appellant sought appointment …

Mahindra & Mahindra Financial Services Ltd obtained an arbitral award on 28‑Feb‑2011 in its favour, which was dispatched by registered post on 15‑Mar‑2011 but was refused by the respondent, who finally received it on 23‑Mar‑2011. The appellant filed an execution petition on 27‑Jun‑2011; the respondent filed a petition …

The appeal concerned a dispute between Govind Rubber Ltd. (appellant) and Louids Dreyfus Commodities Asia Pvt. Ltd. (respondent) over two sales contracts for natural rubber that contained an arbitration clause referring disputes to the Singapore Commodity Exchange. The appellant argued that no valid arbitration agreeme…

Shakti Tubes Ltd., a contractor for the State of Bihar, entered into a contract for supplying black pipes that contained an escalation clause. Disputing the escalated price, the contractor filed a writ petition in 1994, which was partially admitted in 1995. After serving a notice under CPC s.80, it filed a money suit i…

The appellant bank granted a loan to a partnership firm which defaulted, leading to a Lavad suit under the Gujarat Co-operative Societies Act, 1961. An award was passed in 1988 and a certificate under Section 103 was issued in 1995, creating a deemed decree. The bank filed an execution petition in 1995, which was withd…

The petitioner, a Thai joint venture, entered into a contract with the respondent, an Indian company, for the sale of aluminium ingots, which contained an arbitration clause. The respondent contested the petition for appointment of an arbitrator, arguing that the contract was not signed by an authorized person and that…

The Union of India awarded a contract to M/s V.S. Engineering for supplying crushed stone ballast, but a dispute arose over penalties and performance. The contract’s General Conditions required the General Manager of Railways to appoint an arbitral tribunal, which was done, yet the contractor later filed an application…

Rite Approach Group Ltd, a Singapore company acting as an agent for Russian Technologies (later merged into Rosoboronexport), helped procure a contract for six helicopters for India's Border Security Force and was entitled to a 16% commission. Rosoboronexport refused to pay the commission, prompting the petitioner to f…

The dispute involved the A.P. Power Coordination Committee and related entities (appellants) and M/s. LanCo Kondapalli Power Ltd. (respondent) over capacity‑charge bills and a claim for reimbursement of Minimum Alternate Tax (MAT) under their Power Purchase Agreement (PPA). The key questions were whether the Limitation…

The appeal arose from a dispute where the parties, after settling most issues in a suit, referred two remaining differences to arbitration before a retired Supreme Court judge. The arbitrator resigned, and the respondent sought a substitute arbitrator. The High Court appointed a retired judge as a substitute under Sect…

The parties, members of a joint Hindu family, referred a dispute over partition of family property to an arbitral tribunal, which delivered an award on 31 May 1998 (corrected on 10 June 1998). The respondents filed petitions under Section 34(1) of the Arbitration and Conciliation Act, 1996 seeking to set aside the awar…

The Government of India appealed a Delhi High Court order that allowed Vedanta Ltd. and its affiliates to enforce a foreign arbitral award under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996. The Court examined the applicable limitation period for filing an enforcement petition, the scheme of the 199…

Balasore Alloys Ltd filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator based on Clause 7 of 37 purchase orders. Medima LLC contended that the parties were bound by an earlier ‘Umbrella’ (Pricing) Agreement dated 31‑03‑2018, which contain…

The Union of India entered into a construction contract with U.P. State Bridge Corp. Ltd. that contained an arbitration clause under the General Conditions of Contract 2001, Clause 64. An arbitral tribunal of Railway officers was constituted in 2007 but failed to complete the proceedings for four years due to transfers…

The appellant, Terapalli Dyvasahata Kumar, filed a petition under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, seeking declarations and injunctions concerning the management of a society. The District Court allowed the petition, holding that "District Court concerned" should be interpreted using t…

The Union of India awarded a contract to Saraswat Trading Agency for handling goods at railway stations. The contract required the contractor to pay labourers at least the "fair wage" as notified at the time of tender, but statutory wage revisions later increased those rates. The contractor claimed enhanced payments fo…

The dispute involved Dani Wooltex Corporation (appellant) and Sheil Properties (respondent) arising from parallel arbitrations concerning a development agreement and a memorandum of understanding. While the arbitration concerning Marico Industries concluded with an award in 2017, the arbitration concerning Sheil's clai…

Bakemans Industries Pvt. Ltd. (the appellant) defaulted on a loan from SICOM Ltd. under the State Financial Corporations Act, 1951. SICOM invoked Section 29 of that Act to take possession of the appellant's factory and sought sale of the assets, while the appellant and other creditors filed winding‑up applications befo…

The appellant and respondent No.1 formed an LLP governed by an agreement containing an arbitration clause (Clause 40). Disputes arose over the ITF project, and the appellant issued a Section 21 notice of arbitration only to respondent No.1 and filed a Section 11 application appointing an arbitrator, also only naming re…

The petitioners, IBI Consultancy India Private Limited and its parent IBI Group, entered into six contracts with DSC Limited for toll and traffic management systems on two highway projects. The contracts contained an arbitration clause stipulating that disputes be referred to an independent arbitrator in Delhi. After t…

Ashapura Mine‑Chem Ltd. and Gujarat Mineral Development Corporation (GMDC) entered into a Memorandum of Understanding (MoU) in 2007 to set up a joint venture for an alumina plant. The MoU contained arbitration clauses (Clauses 26 and 27) requiring bilateral settlement first and, failing that, referral to a sole arbitra…

The case concerned whether an arbitrator could award pendente lite interest when the underlying contract expressly barred interest on delayed payments. The dispute arose from a construction contract between the Union of India and M/s. Ambica Construction, which had undergone multiple arbitrations and court intervention…

The Union of India (Southern Railway) entered into a construction contract with TECCO Trichy Engineers, which later gave rise to arbitration. The arbitral tribunal delivered a copy of its award to the General Manager's office on 12 March 2001, but the Chief Engineer, who signed the contract and represented the Railways…

Vodafone Idea Cellular Ltd. filed a consumer complaint alleging over‑charging for mobile services, which the consumer, Ajay Kumar Agarwal, pursued before the District Consumer Disputes Redressal Forum. The appellant argued that Section 7B of the Telegraph Act, 1885, which mandates arbitration for disputes concerning te…

Sanshin Chemicals entered into a technical collaboration agreement with Orientals Carbons that contained Clause 8.4, providing that if the parties could not agree on the place of arbitration within 30 days, a Joint Arbitration Committee (JAC) would decide the venue. The JAC determined the venue on 15 July 1998. Sanshin…

The State of Maharashtra, through its Executive Engineer, challenged an arbitral award dated 12 May 2012, filing applications under Section 34 of the Arbitration Act before the District Judge, Thane, while Atlanta Limited filed a petition before the High Court of Bombay on the same day. The High Court ordered the trans…

Farmers who bought foundation seeds from National Seeds Corporation (NSC) alleged crop failure due to defective seeds and sought compensation under the Consumer Protection Act, 1986. NSC contended that the Seeds Act, 1966 was a special law that exclusively governed seed quality disputes, that the growers were not "cons…

The appellants, heirs of the late Shivkumar Daga, filed a civil suit seeking declaration that a conveyance deed of 17‑12‑2019 and several development agreements were void. The respondents moved a Section 8 application under the Arbitration and Conciliation Act, 1996, relying on arbitration clauses in two earlier Tripar…

Jharkhand Urja Vikas Nigam Ltd, the successor to Jharkhand State Electricity Board, entered into a contract with M/s Anamika Conductors Ltd for supply of conductors. The supplier, claiming payment, approached the Rajasthan Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act. The Council i…

Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing Clause 14, which provided for a two‑tier arbitration: first before the Indian Council of Arbitration and, if dissatisfied, a second "appeal" arbitration in London under ICC rules. A dispute arose; the Indian arbitrator gave a…

An interlocutory application was filed by SSANG YONG Engineering & Construction Co. Ltd. seeking clarification and correction of several clerical errors in the Supreme Court's judgment dated 1 September 2011 in Civil Appeal No. 7562 of 2011. The applicant contended that paragraph 35 incorrectly stated that the SIAC Rul…

The appellant Transmission Corporation of A.P. Ltd. issued a show‑cause notice to the respondent Lanco Kondapalli Power Pvt. Ltd. seeking to re‑fix the capacity charges for a power purchase agreement, prompting the respondent to invoke the arbitration clause and seek a permanent injunction under Section 9 of the Arbitr…

The petitioner sought enforcement of a Singapore arbitral award of about Rs.3,500 crore against respondents who owned Fortis Healthcare. The Supreme Court had earlier ordered a status‑quo on 11 August 2017, clarified on 31 August 2017 and modified on 15 February 2018, prohibiting any change in the shareholding of Forti…

The dispute concerned benefits under a retirement deed and a partnership deed of a beedi‑manufacturing firm, both containing arbitration clauses. The defendants filed an application under Section 8(1) of the Arbitration and Conciliation Act, 1996 seeking to refer the matter to arbitration, but did not attach the origin…

Leela Hotels Ltd. entered into a sub‑lease with HUDCO for a hotel project, which was later cancelled, leading to arbitration. The arbitrator awarded HUDCO to pay Leela Hotels a principal sum plus interest. HUDCO deposited Rs 89.78 crores, claiming it was towards the principal, while Leela Hotels argued it should first …

Sumer Builders Pvt. Ltd. entered into a development agreement and MoU with Narendra Goran for a land parcel in Indore. After disputes over payment and possession, the respondent terminated the agreements and invoked the arbitration clause. The developer applied to the Bombay High Court for interim relief under Section …

The appellant BSNL awarded a turnkey tender to Motorola and later imposed liquidated damages under clause 16.2 of the tender for alleged delay in delivery. Motorola contested the levy, invoking the arbitration clause, while BSNL claimed the matter was an "excepted matter" under clause 20.1 and therefore not arbitrable.…

The appellant, M/s Interstate Construction, executed work orders for a power project for the respondent, NPCC, and later disputed certain recoveries, leading to arbitration. The arbitral tribunal awarded the appellant principal sum plus interest, distinguishing pre‑reference, pendente‑lite and future interest periods. …

The appellant, Gayatri Project Ltd., entered into a works contract with the Madhya Pradesh Road Development Corporation and invoked arbitration under Clause 67.4 of the contract, resulting in a 2011 award in its favour. The respondent challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996, …

The Jammu & Kashmir Economic Reconstruction Agency (JKERA) engaged Rash Builders for four road projects in J&K, but contractual disputes led the contractor to invoke arbitration. The parties, with the arbitrator’s consent, fixed Srinagar as the seat of arbitration and New Delhi as the venue, later appointing a new sole…

The appellant, Booz‑Allen & Hamilton Inc., sought to refer a mortgage suit filed by SBI Home Finance Ltd. to arbitration under clause 16 of a tripartite deposit agreement. The High Court rejected the application, holding that the dispute was not covered by the arbitration clause, that the appellant had waived its right…

The Supreme Court examined a dispute between M/s Modern Industries (supplier) and Steel Authority of India Ltd. (buyer) concerning a balance payment and interest under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (as amended 1998). The buyer alleged breach of contract …

The Secunderabad Cantonment Board entered three contracts with M/s B. Ramachandraiah & Sons that contained arbitration clauses. After final payments were made in early 2003, the contractor sought reimbursement for price variations and, in November 2006, demanded the appointment of an arbitrator, reiterating the demand …

The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the High Court applied the …

The appellant, a coal buyer, entered into several sale orders under Coal India Ltd.'s 2007 e‑auction scheme, which contained an arbitration clause (Clause 11.12). After the appellant was deemed to have breached the scheme and his earnest money deposit was forfeited, he invoked the arbitration clause, but the respondent…

The appeal concerned a custody dispute over a child born to Perry Kansagra and Smriti Madan Kansagra. After mediation failed, the High Court had held that the mediator’s and counsellor’s reports were confidential and could not be used, and later set aside that decision on review. The Supreme Court held that the High Co…

Sundaram Finance Ltd. granted a loan to Abdul Samad, who defaulted, leading to arbitration under the loan agreement. An ex parte award of Rs.12.69 lakh was made, and Sundaram sought execution of the award in the Morena court, which dismissed the application for lack of jurisdiction, directing the appellant to first obt…

The State of Haryana awarded a road‑maintenance contract to M/s. Shiv Shankar Construction Co. for Rs 5.26 crore at a rate of Rs 1,000 per km per month, assuming traffic of 3,364 PCU/day. After the closure of a nearby road, traffic on the contract road surged to 24,418 PCU/day, causing additional maintenance costs. The…

The Supreme Court of India addressed two interconnected issues: whether landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable, and the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. The case arose from a tenancy agreement containing an ar…

The State of Jharkhand appealed against an award made by an arbitrator appointed by the Supreme Court, contending that the Court could not entertain an application to make the award a rule of court merely because it retained seisin over the arbitration. The Supreme Court examined the scope of Section 31(4) of the Arbit…

Mears Group Inc., a US company, entered into a contract with Fernas Insaat A.S., a Turkish firm, to perform horizontal directional drilling for a pipeline project in Bangladesh. The work order contained an arbitration clause requiring disputes to be referred to a sole arbitrator appointed by mutual consent, with procee…

Greaves Cotton Ltd entered into a contract with United Machinery & Appliances that contained an arbitration clause. United Machinery filed a civil suit for loss and damage, and Greaves sought an eight‑week extension to file its written statement while invoking the arbitration clause. The respondent objected, arguing th…

Morgan Securities advanced an inter‑corporate deposit to Modi Rubber, which defaulted, leading to an arbitral award in favour of Morgan and a winding‑up petition. The High Court restrained Modi Rubber from dealing with its assets, but the company made a reference to the Board for Industrial and Financial Reconstruction…

WAPCOS Ltd entered into a contract with Salma Dam Joint Venture (SDJV), a 95%-5% joint venture of SSPPL and AIL, for the reconstruction of the Salma Dam. After the original contract’s arbitration clause, the parties executed an Amendment of Agreement (AoA) on 9 June 2015, which expressly stated that no further claims w…

The Union of India (Railways) awarded civil engineering contracts to Pradeep Vinod Construction Company, which later claimed additional payments despite having signed final bills and supplementary agreements indicating full settlement. The contractor invoked the arbitration clause in Clause 64 of the General Conditions…

P.E.C. Limited chartered a vessel from Austbulk Shipping and a dispute arose over freight and demurrage. The parties had an arbitration clause in the charter party, and a sole arbitrator awarded US$150,362.18 to Austbulk. P.E.C. filed a petition for enforcement of the foreign award in the Delhi High Court, objecting th…

Powertech World Wide Ltd., an Indian company, entered into a purchase contract with Delvin International General Trading LLC, a UAE company, which contained an arbitration clause stating that disputes would be settled amicably or through an arbitrator in India/UAE. After the respondent failed to pay outstanding dues de…

The appellant ONGC required offshore vessels (OSVs) from the respondent Garware Shipping and the Shipping Corporation of India (SCI) under long‑term charters. Dispute arose over the computation of repair and maintenance (R&M) charges for the 11th to 16th years of operation, with the parties relying on recommendations o…

The Ludhiana Improvement Trust (LIT) and the State of Punjab filed an appeal against the Chief Justice of the Punjab and Haryana High Court, who had, relying on the Konkan Railway decision, referred a dispute to an arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996. The dispute arose from allegat…

Essar Steel deposited roughly Rs 35 crore and Rs 47 crore as refundable security deposits with Essar House Private and Essar Services respectively. After Essar Steel entered corporate insolvency resolution, the resolution applicant Arcelor Mittal Nippon Steel (Arcellor) sought repayment of those deposits and filed Sect…

Arcelor Mittel Nipp​on Steel India Ltd. and Essar Bulk Terminal Ltd. entered into a cargo‑handling agreement containing an arbitration clause. The appellant invoked the clause, the respondent claimed the dispute was non‑arbitrable and filed Section 9 applications for interim relief in the Commercial Court. While the Hi…

The petitioners, a Chinese elevator guide‑rail manufacturer, filed an arbitration petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator pursuant to Clause 15 of their 2014 Commission Processing Contract with the respondents, an Indian partnership. Claus…

Jay Engineering Works Ltd., a sick industrial company, was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 and a rehabilitation scheme was approved in 2003. Respondent No.2 (Diamond Wire Industries) claimed interest on delayed payments under the Interest on Delayed Payments to Small Sca…

The appellants and respondents, both claiming to be trustees of a charitable trust, were involved in a dispute that led the respondents to file a suit for perpetual injunction. The trial court dismissed the suit under Section 92 of the CPC, prompting an appeal during which the parties agreed to arbitration and later ac…

The appellant (KCPL) challenged a Section 9 petition filed by the respondent (Vijay Nirman) which sought to treat an arbitral award as an undisputed operational debt. The award, favouring the respondent, was under challenge in a Section 34 petition under the Arbitration and Conciliation Act. The Supreme Court held that…

The Union of India filed a money suit of over Rs 8.73 crore in a Commercial Court in August 2019 without first complying with the pre‑institution mediation requirement of Section 12A of the Commercial Courts Act, 2015. The defendant, Dhanbad Fuels Pvt. Ltd., raised a preliminary objection and sought rejection of the pl…

The petitioners, TDM Infrastructure Pvt. Ltd., sought appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, contending that the arbitration agreement was an international commercial arbitration because the company's central management and control were exercised in Malaysia. Th…

Sukanya Holdings Pvt. Ltd. and J.H. Pandya entered into a partnership agreement that contained an arbitration clause. After the partnership fell into dispute, the respondent filed a suit for dissolution, accounts and other reliefs, including claims against purchasers of flats who were not parties to the partnership. Th…

Prakash Corporates filed a money suit against Dee Vee Projects Limited on 21‑12‑2020. The defendant failed to file a written statement within the 30‑day period and sought extensions, which were granted up to 15‑04‑2021, but the 120‑day deadline fell on 06‑05‑2021. The trial court and the High Court refused further exte…

The appellants, a charitable trust, entered into a 38‑year lease deed with the respondents for development of trust land. The lease deeds of 1996 and 1997 were neither registered nor sufficiently stamped under the Karnataka Stamp Act, 1957, and the respondents failed to pay the deficit stamp duty and penalty directed b…

Voltas Ltd. and Rolta India Ltd. entered into civil construction contracts which later gave rise to disputes and termination. The appellant invoked the arbitration clause in 2006, after which the respondent filed a counter claim of Rs.333.73 crores in 2011. The key issue was whether the counter claim was barred by limi…

The parties to a joint venture executed an Intellectual Property License Agreement (IPLA) containing an arbitration clause, but the appellants argued that the IPLA was not a concluded contract and therefore no arbitration agreement existed. The Supreme Court held that the arbitration clause is separable from the underl…

Nirma Ltd. filed a Special Leave Petition under Article 136 of the Constitution seeking to appeal an order of the City Civil Court, Ahmedabad, which had decided an appeal under sub‑section (2) of Section 37 of the Arbitration and Conciliation Act, 1996. The petition raised the question of whether a second appeal is bar…

The Supreme Court examined whether an arbitration agreement embedded in an unstamped or insufficiently stamped contract is void, unenforceable, or merely inadmissible under the Indian Stamp Act. It held that such agreements are only inadmissible as evidence under Section 35 of the Stamp Act and that non‑stamping is a c…

Welspun Specialty Solutions Ltd. (formerly Remi Metals Gujarat Ltd.) supplied steel casing pipes to ONGC under four purchase orders that contained a liquidated damages clause for delayed delivery. During performance, ONGC granted several extensions and later deducted US$807,804.03 and Rs.1,05,367 as liquidated damages,…

The dispute arose from a contract for the supply of wooden batons. The arbitrator rejected the respondents' claim for payment and the security deposit. The respondents filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, which the District Judge dismissed. The appellants appealed to the High…

The Oriental Insurance Co. issued a fire insurance policy to Dicitex Furnishing Ltd., which suffered a total loss of stock in 2012. After a protracted assessment process, the insurer eventually offered a settlement of Rs 7.16 crore, far less than the claim of over Rs 14 crore, and conditioned further payment on Dicitex…

The parties obtained an ICC arbitral award in London ordering RioGlass Solar to pay Shriram EPC Ltd €4.36 million. Shriram filed a petition under Section 47 of the Arbitration and Conciliation Act, 1996 to enforce the foreign award in India, while RioGlass contended that the award was unenforceable because it had not b…

The Supreme Court examined an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator in a dispute arising from a purchase contract for iron ore. The contract required a minimum 63% Fe content and contained a price‑adjustment clause and an arbitration clause mandating…

The appellant B.S.N.L. entered into a works contract containing an arbitration clause that designated the Chief Engineer (or administrative head) of the Telecommunication/Postal Department to appoint the arbitrator. After the appellant’s Managing Director failed to respond to the respondent’s notice, the respondent fil…

The case arose from an oral family settlement reduced to a Memorandum of Understanding/Family Settlement Deed (MoU/FSD) signed by Pawan Gupta (PG) and Kamal Gupta (KG) but not by KG's son Rahul Gupta (RG). PG and others filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointme…

Asian Thermal Insulation (I) Ltd entered into a contract with Bridge & Roof Co. (I) Ltd that contained an arbitration clause. A dispute arose and the High Court, on the respondent's application, directed the matter to be placed before the Chief Justice of the Calcutta High Court for the appointment of an arbitrator und…

The Union of India and Bharat Battery Manufacturing Co. entered into a contract for supply of batteries that contained Clause 24 requiring any dispute to be referred to a sole arbitrator appointed by the Director General of Supplies and Disposals from the Ministry of Law. A price‑variation dispute arose; the respondent…

The plaintiffs, A.K. Ghosh & Co., filed a commercial suit for unpaid dues and the defendants filed a counter‑claim. The defendants served the counter‑claim on 18 July 2023, but the plaintiffs sought leave to file a written statement only on 15 March 2024, well beyond the statutory period. The Calcutta High Court reject…

The National Highways Authority of India (NHAI) entered into a concession agreement with Gwalior Jhansi Expressway Limited (GJEL) to widen NH‑75. GJEL failed to complete the work, leading to arbitration. Both parties filed Section 17 applications before the arbitral tribunal seeking interim relief. The tribunal allowed…

The appellant, a landowner of 15.53 acres, disputed a Memorandum of Understanding (MoU) dated 27‑05‑2013 that the respondents claimed required him to sell half the land. The respondents filed an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator …

Northern Coalfield Ltd., a government-owned corporation, entered into two contracts with Heavy Engineering Corp. Ltd. which contained an arbitration clause. Disputes were referred to the Government's "permanent machinery of arbitration" and awards were made, which Northern Coalfield challenged before the Law Secretary …

Haryana Telecom Ltd filed a winding‑up petition against Sterlite Industries before the Punjab & Haryana High Court. The petitioner then moved an application under Section 8 of the Arbitration and Conciliation Act, 1996, seeking to have the dispute referred to arbitration on the basis of an existing arbitration agreemen…

The appellant, a MSME supplier based in Delhi, entered into a contract with ISRO for construction of staff quarters, which contained a clause fixing Bengaluru as the seat of arbitration. Disputes arose and the supplier invoked the Micro, Small and Medium Enterprises (Development) Act, 2006, prompting the Delhi Facilita…

Eitzen Bulk A/S and Ashapura Minechem Ltd entered into a charter party that contained an arbitration clause specifying London as the seat and English law as the governing law. A dispute arose and was arbitrated in London, resulting in an award against Ashapura. Ashapura sought to set aside the award in India under Sect…

The respondents, owners of insured goods, claimed insurance reimbursement after a burglary, which the insurer denied. The dispute was taken to the Permanent Lok Adalat (PLA) under the Legal Services Authorities Act, 1987, despite a pending criminal case for the alleged non‑compoundable offence of burglary. The PLA held…

Inox Renewables Ltd entered into a purchase order with Jayesh Electricals Ltd containing an arbitration clause that designated Jaipur as the venue of arbitration. The parties later mutually agreed to shift the arbitration venue to Ahmedabad, which the arbitrator recorded in the award. A Section 34 petition was filed in…

The Union of India entered into a reconstruction contract with M/s. Simplex Infrastructures Ltd, which it later rescinded alleging delay. An arbitrator held the rescission illegal and awarded payment to the respondent. The Union filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set asid…

The Municipal Corporation of Jabalpur awarded a road‑construction contract to M/s Rajesh Constructions, which contained Clause 29 stipulating that any arbitration could only be initiated after the contractor furnished a security deposit and the corporation then constituted an Arbitration Board. A dispute arose and the …

Shinhan Bank entered a Leave and Licence agreement and a contemporaneous Amenities agreement with Carol Info Services for office premises. After termination, the parties disputed the refund of security deposits and alleged fees, and the bank invoked an arbitration clause contained in the Amenities agreement. The respon…

The Bar Council of India appealed against orders allowing foreign law firms and lawyers to operate in India, arguing that the Advocates Act, 1961 restricts the practice of law to advocates enrolled with the Bar Council, covering both litigation and non‑litigation work. The Supreme Court examined whether foreign entitie…

The respondent, Universal Tractor Holding LLC, sold its 49% share in Beever Creek Holdings to Escorts Agri Machinery Inc., a subsidiary of the petitioner, for $1.2 million payable in four installments. After Escorts AMI defaulted on the last two installments, the respondent sued in a North Carolina court, which entered…

The Gujarat Urja Vikas Nigam Ltd (GUVNL) filed an appeal against a Gujarat High Court order that appointed a retired Chief Justice as arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to resolve a power‑purchase dispute with Essar Power Ltd. GUVNL contended that after the Electricity Act, 2003 c…

Bhatia International entered into a contract with Bulk Trading containing an ICC arbitration clause, agreeing that the arbitration would be held in Paris. Bulk Trading sought an injunction under Section 9 of the Arbitration and Conciliation Act, 1996 in an Indian court to restrain the appellant from dealing with its as…

The Supreme Court dismissed the appeals of Vijay Karia and others against the Bombay High Court’s order enforcing four LCIA awards arising from a joint‑venture dispute with Prysmian Cavi E Sistemi SRL. The Court held that none of the grounds pleaded under Section 48 of the Arbitration and Conciliation Act, 1996 – inclu…

OM Construction Co, a contractor, completed stone‑paving work for Ahmedabad Municipal Corporation (AMC) but was not paid the full amount due. The contract contained Clause 30 of Form B‑1, which referred disputes to arbitration, but the arbitration clause did not specify a procedure for appointing an arbitrator. OM Cons…