Arbitration and Conciliation Act, 1996

Sundaram Finance Ltd entered into a hire‑purchase agreement for two wind‑turbine generators with NEPC India Ltd, which contained an arbitration clause. After the respondent defaulted on payments, the appellant sought interim custody of the equipment under Section 9 of the Arbitration and Conciliation Act, 1996, and the…

The appellants, Arasmeta Captive Power Co. and another, entered into power purchase agreements with the respondent, Lafarge India, which contained a clause (9.3) defining "billing disputes" as excepted matters to be resolved by an expert committee, and a dispute resolution clause (16.2) prescribing arbitration only if …

The dispute arose from a family arrangement and partnership deed concerning a cinema hall, where the appellant sought execution of an ex‑parte arbitral award dated 25 August 1999. The respondent contested the award, claiming he never received it and filed a Section 34 application beyond the 90‑day limit. The executing …

The appellants, B.P. Moideen Sevamandir & Anr, challenged the dismissal of their second appeal by the Kerala High Court after a Lok Adalat failed to secure a settlement. The High Court had refused an adjournment request and dismissed the appeal, citing the appellants' alleged cantankerous behaviour before the Lok Adala…

Larsen & Toubro Ltd entered into a purchase order with Fertilizer and Chemicals Travancore Ltd that contained both Standard Conditions and Special Conditions. A dispute arose over the arbitration clause: the appellant sought an independent sole arbitrator under the Special Conditions, while the respondent insisted that…

The landlord filed a civil suit seeking eviction of the premises leased to the defendant, Himangni Enterprises. The lease deed contained an arbitration clause, prompting the defendant to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the dispute to arbitration. The trial cour…

The appellant Sanjeev Kumar Jain appealed against a Delhi High Court order that awarded the respondents Rs 45,28,000 as costs in an appeal concerning a vacated interim injunction. The Supreme Court examined whether the High Court could award such a sum, given the provisions of Section 35 of the Code of Civil Procedure …

Phulchand Exports Ltd. (seller) shipped 1,000 metric tons of rice to 000 Patriot (buyer) under a CIF contract but delayed shipment by 16 days and loaded the goods on a vessel that was not bound for the agreed destination, causing the cargo to be lost. The buyer invoked a reimbursement clause in the contract and obtaine…

The Empire Jute Co. Ltd. entered into a sale contract for raw jute with the Jute Corporation of India, which was subject to a Production Control Order compelling the mill to purchase jute at a fixed price. The appellant alleged the supplied jute was of inferior quality, refused to purchase, and filed a writ petition ch…

The Security Printing and Minting Corporation of India (the appellant) floated a tender for gumming and super‑calendaring of stamp base paper, which was awarded to Gandhi Industrial Corporation (the respondent). The supply order dated 31 May 1995 incorporated a clause that any MODVAT credit availed by the respondent wo…

The appellants, owners of agricultural land and houses in Panipat, filed a writ petition alleging that effluent discharge from National Fertilizer Ltd's plant damaged their crops, mango orchards, residential buildings and rendered the land unfit for cultivation. The High Court dismissed the petition and the appellants …

Rohan Builders sought an extension of time under Section 29A of the Arbitration and Conciliation Act, 1996 after the statutory twelve‑month period (or the six‑month consent‑based extension) for making an arbitral award had expired. The Calcutta High Court had held that such an application was not maintainable, a view e…

Aravali Power Company Pvt. Ltd. (appellant) and M/s. Era Infra Engineering Ltd. (respondent) entered into a contract for constructing a township for a thermal power project, which contained an arbitration clause (Clause 56) stipulating that disputes be referred to the Project In‑charge or, failing that, to a person app…

The Supreme Court considered an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to resolve a tax‑related dispute arising from a consultancy contract that had been completed. DHV BV, a foreign sub‑consultant, claimed that the client (TNPWD) had failed to…

The Management Committee of Montfort Senior Secondary School terminated Assistant Teacher Vijay Kumar on disciplinary grounds. Kumar appealed the termination to the Delhi School Tribunal under Section 8(3) of the Delhi School Education Act, 1973, while the school sought referral of the dispute to arbitration under Sect…

The Paradip Port Authority (formerly Paradip Port Trust) and Paradeep Phosphates Ltd. entered into a 1985 agreement for a captive berth, with tariff rates subject to periodic revision. Dispute arose when the Authority unilaterally increased rates in 1993, leading to arbitration, an appellate authority order, and a High…

Shin‑Etsu Chemical Co. Ltd. entered into a contract with AKSH Optifibre Ltd. containing an international arbitration clause. After the contract was terminated, the respondent sued for a declaration that the arbitration agreement was void, while the appellant sought a direction under Section 8 of the Arbitration and Con…

Asian Hotels (North) Ltd., the licensor, granted individual shop licenses to various shopkeepers, including the respondents, and later revoked those licenses. The respondents filed suits seeking a declaration that their licenses were irrevocable and perpetual. While the suits were pending, they applied to amend their p…

The appellant, Pam Developments Private Ltd., was awarded a sum of Rs.2.87 crore by an arbitrator in a dispute with the State of West Bengal over a highway repair contract, but the award remained unpaid. The State filed a Section 34 petition challenging the award and later sought a stay of its operation under the amend…

The Union of India challenged an arbitral award that granted interest on amounts payable to M/s. Krafters Engineering & Leasing (P) Ltd. under a works contract, arguing that Clause 1.15 of the General Conditions expressly prohibited any interest on such amounts. The High Court had upheld the award, but the Supreme Cour…

The appellant, Office for Alternative Architecture, challenged a Delhi High Court order that, while appointing an arbitral tribunal under Section 11 of the Arbitration and Conciliation Act, 1996, excluded certain claims as non‑arbitrable. The appellant argued that the court should only examine whether a prima facie arb…

The Supreme Court examined a dispute between McDermott International Inc. (appellant) and Burn Standard Co. Ltd. (respondent) arising from a complex offshore construction contract with ONGC, where the arbitrator had issued a "partial award" deferring certain claims and later an additional and final award. The Court hel…

The Supreme Court examined the practice of the National Consumer Disputes Redressal Commission (NCDRC) referring consumer disputes to a retired judge for "consensual adjudication" and then treating the award as its own order. It held that the Consumer Protection Act, 1986 does not empower the Commission to delegate its…

The parties entered into a construction agreement and a dispute was referred to arbitration, resulting in an award dated 14 February 2001. The appellants deposited the full award amount with the High Court on 24 May 2001 while objections to the award were pending, and later the High Court ordered post‑award interest at…

Mysore Cements Ltd. entered into a contract with Svedala Barmac Ltd. for rock‑crushing machines. After the machines failed, the parties attempted conciliation, signing a Memorandum of Conciliation and a Letter of Comfort on the same day. Mysore Cements sought execution of these documents, claiming they were a settlemen…

The dispute arose from a sale of cotton bales between CCI and M/s Lakshmi Ganesh Textiles Ltd, which led to an arbitral award for recovery of money in 2001. The award was challenged but the challenge was dismissed in 2013. Subsequently, ICICI Bank, as a secured creditor, attached the debtor's properties under the SARFA…

The Rajasthan State Electricity Board (RSEB) entered into two purchase orders and agreements with Universal Petrol Chemicals Ltd. for transformer oil, each containing an arbitration clause and an ouster clause confining jurisdiction to the courts at Jaipur, Rajasthan. Disputes arose over defective oil and the Board sou…

The appellant, an assistant manager, was terminated by the respondent employer alleging absenteeism, after a show‑cause notice and disciplinary inquiry. The appellant filed a petition under Section 15(2) of the Payment of Wages Act for unpaid wages and later approached the Industrial Tribunal under Section 2(A) of the …

Bharat Sanchar Nigam Ltd. entered into a construction contract containing an arbitration clause that named the Chief Engineer or, in his absence, the Administrative Head as the sole arbitrator. The respondent repeatedly requested the Chief Engineer to appoint an arbitrator, but the appellant failed to respond, promptin…

Standard Corrosion Controls Pvt Ltd (Indian) and SARKU Engineering Services Sdn Bhd (Malaysian) entered a contract for painting works. The contract contained Article X, which required any dispute to be settled by mutual consultation and, failing that, by arbitration in Mumbai under the International Chamber of Commerce…

Vedanta Ltd entered into four EPC contracts with Shenzen Shandong Nuclear Power Construction Co. Ltd for a 210‑MW co‑generation plant. After termination of the contracts, the Chinese company invoked the arbitration clause and obtained an award granting sums in INR and EUR, with interest at 9% for the first 120 days and…

The Supreme Court examined the procedure followed by the Calcutta High Court in handling applications under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrators. The High Court had a Designate Judge first determine that the request for appointment was proper and then referred t…

RPS Infrastructure Ltd entered into a development agreement with KST Infrastructure Pvt Ltd, which later led to an arbitral award in favour of RPS in 2016. While the award was under challenge under Section 34 of the Arbitration Act, a corporate insolvency resolution process (CIRP) was initiated against KST Infrastructu…

The Jawaharlal Nehru Port Trust (JNPT) issued a Request for Qualification and a Request for Proposal for a container terminal project. A consortium comprising PSA Mumbai Investments and another company qualified, received a Letter of Award (LOA) which was later withdrawn after the second member exited the bid. JNPT cla…

The dispute arose from a government contract where the arbitrator, in 1999, awarded 18% compound interest on the sum due. The Union of India challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996, and the Allahabad High Court reduced the interest to 9% simple interest, also striking a compe…

Venture Global Engineering, a US‑based company, entered into a joint‑venture with Satyam Computer Services Ltd. (the first respondent) and later obtained an arbitral award ordering it to transfer its shares in the joint venture to Satyam. After the award, Satyam’s chairman confessed to massive financial fraud, leading …

Rajendra Construction Company (RCC) entered into construction contracts with Maharashtra Housing and Area Development Authority (MHADA) but was not paid. The dispute was referred to a sole arbitrator under the Arbitration Act, 1940, who awarded sums and interest at 18% per annum and the award was made a rule of court. …

HSBC PI Holdings (Mauritius) Ltd. invested USD 60 million in Avitel, a company owned by the respondents. The Supreme Court, affirming a 2014 order, directed the respondents to maintain a USD 60 million balance in a Corporation Bank account. The respondents failed to comply, repeatedly sought exemption, and claimed lack…

The National Highway Authority of India (NHAI) entered into an EPC contract with Transstroy (India) Limited, which was later terminated by NHAI for alleged breaches. The contractor invoked the arbitration clause, filing a claim, while NHAI reserved its right to claim damages and filed a counter‑claim under Section 23(2…

The National Highways Authority of India (NHAI) challenged arbitral awards that enhanced compensation for land acquired under the National Highways Act, arguing that the arbitrator improperly relied on post‑acquisition guideline values and failed to give sufficient reasons, violating Sections 28(2) and 31(3) of the Arb…

The Punjab State Civil Supplies Corporation Ltd. obtained a money award of Rs.10,24,847.15 from Mis Atwal Rice & General Mills in an arbitration proceeding, which became final after the respondents' Section 34 challenge was dismissed. The appellant filed an execution petition under Section 36 of the Arbitration and Con…

The appellant, a Karnataka co‑operative sugar society, contracted a respondent to design, supply, erect and commission a sugar plant, with the respondent furnishing a bank guarantee. The guarantee stipulated that the bank would pay the appellant on demand without demur, and the appellant alone would decide if the guara…

Mis. Jain Studios Ltd filed a review petition under Article 137 of the Constitution against an order dated 31 January 2006 in which the Chief Justice of India, acting under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointed a sole arbitrator, Justice M.L. Pendse. The petitioner sought to have the or…

The parties entered into a 1989 agreement containing an arbitration clause that named two specific arbitrators. Both arbitrators later died, and the respondent sought the appointment of a substitute arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The Bombay High Court appointed a former Supre…

South East Asia Marine Engineering & Constructions Ltd (SEAMEC) was awarded a fixed‑price work order for well drilling by Oil India Ltd. During performance, the price of high‑speed diesel (HSD) rose following a government circular. SEAMEC claimed that the increase fell within Clause 23 – a ‘change in law’ clause – and …

The dispute arose under a Production Sharing Contract (PSC) between the Government of India and a consortium that included Videocon Industries Ltd. The PSC stipulated Kuala Lumpur as the seat of arbitration, but due to the SARS epidemic the arbitral tribunal held hearings in Amsterdam and London, recording a consent to…

Gas Authority of India Ltd. (GAIL) awarded four construction contracts to Mis Keti Construction (I) Ltd. Disputes arose and were referred to arbitration under the contract clause. GAIL sent a panel of three names for a sole arbitrator on 16 February 1999, urging the contractor to select one; the contractor later nomina…

Olympus Superstructures Pvt. Ltd. entered into three main sale agreements for flats and three separate interior design agreements, each containing arbitration clauses. Disputes arose over payment, construction progress and interior work, and a sole arbitrator was appointed under the main agreements. The arbitrator gran…

The Municipal Corporation of Greater Mumbai (MCGM) entered into a consultancy contract with M/s R.V. Anderson Associates Ltd. and, after completion of work, a payment dispute arose. The parties invoked an arbitration clause, appointing two arbitrators who later appointed a presiding arbitrator after the 30‑day period p…

M/S ICOMM TELE Ltd. was awarded a water supply contract by the Punjab State Water Supply & Sewerage Board, which contained an arbitration clause requiring a 10% "deposit-at-call" before invoking arbitration. The company challenged this clause as arbitrary, discriminatory, and violative of Article 14 of the Constitution…

Chintels India Ltd. filed an application under section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award, but the single judge of the Delhi High Court refused to condone the delay in filing the application and dismissed it. The appellant challenged that order by invoking section 37(1)(c) o…

The applicant, a seed‑cloning business, entered into a Supply Agreement with the respondent that contained a clause stating that any dispute would be resolved by "institutional arbitration" under the Arbitration and Conciliation Act, 1996. The respondent argued that the clause was vague because it did not name a specif…

Haryana Tourism Ltd invited tenders for supplying aerated drinks and accepted a bid from M/s Kandhari Beverages Ltd, which was to pay Rs.20 lakh for brand promotion. A dispute arose over the amount spent on promotional activities, leading to termination of the contract and referral to a sole arbitrator, who awarded Rs.…

The appellant, Global Mercantile, entered into a sub‑contract with Indo Unique containing an arbitration clause, but the work order was unstamped under the Maharashtra Stamp Act. A dispute arose when Indo Unique invoked a bank guarantee, which Global Mercantile alleged was fraudulent, leading to a civil suit and an app…

The appellants, a husband and wife, entered into a partnership deed containing an arbitration clause and later appointed a sole arbitrator, Mr. Anjum Javed, to resolve disputes with the respondents. The arbitrator repeatedly demanded administrative expenses, which the respondents challenged under Sections 14 and 15 of …

The petitioners BGS SGS SOMA JV sought to enforce an arbitral award concerning a hydro‑electric project, while the respondent NHPC Ltd filed a Section 34 petition in the Faridabad court to set aside the award. The petitioners applied under Section 151 CPC to have the petition returned to the appropriate court, and the …

Emaar MGF Land Ltd. (appellant) entered into a buyer's agreement with Aftab Singh (respondent) that contained an arbitration clause under the Arbitration and Conciliation Act, 1996. Singh filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) invoking the Consumer Protection Act, 1986, and…

Chatterjee Petrochem (Mauritius) Co. invoked the arbitration clause in a restructuring agreement dated 12 January 2002, seeking ICC arbitration over a dispute with Haldia Petrochemicals Ltd. Haldia contended that a later agreement dated 8 March 2002, which granted exclusive jurisdiction to the Calcutta courts, nullifie…

MITC Rolling Mills Pvt. Ltd. filed a commercial suit for recovery of Rs.2.5 crore. The trial court rejected the plaint under Order VII Rule 11 of the CPC on the ground that the plaintiff had not complied with the mandatory pre‑institution mediation under Section 12A of the Commercial Courts Act, 2015. The appellant cha…

The dispute arose from a settlement deed between Ratnam Sudesh Iyer (appellant) and Jackie Kakubhai Shroff (respondent) concerning the sale of shares in Atlas Equifin Private Limited. The deed required the respondent to withdraw criminal complaints and, in return, receive US$1.5 million in escrow and US$2 million upon …

The Chief Engineer of B.P.D.P./R.E.O., Ranchi appealed against a High Court order that dismissed its arbitration appeal as non‑maintainable. The appeal concerned whether an order setting aside or refusing to set aside an arbitral award falls within Section 37(1)(b) of the Arbitration and Conciliation Act, 1996. The Hig…

The appellant, Mis. Pandey & Co. Builders Pvt. Ltd., entered into a contract for canal repair work that contained an arbitration clause. Disputes arose and the appellant invoked arbitration, but the named arbitrator (the Superintending Engineer) retired and his successor delayed the proceedings. The Irrigation Departme…

The dispute arose from a 1982 contract between National Projects Construction Corporation Ltd (NPCCL) and Royal Construction Company Private Ltd (RCCPL) for earth‑work in Iraq, which stipulated payments in Iraqi Dinars and US Dollars. An arbitrator awarded a sum in Iraqi Dinars and a separate rupee amount, directing co…

Solaris Chem Tech Industries Ltd, a water consumer, challenged notices demanding payment of arrears on revised water tariffs, arguing that the notices violated the contractual rate provisions and statutory procedures. The High Court dismissed the writ petition and the subsequent writ appeal, relying on Clause 11 of the…

Maruti Udyog Ltd. sued the directors of Mahalaxmi Motors Ltd. for failing to pay advances obtained from customers. The dispute was referred to arbitration by the Supreme Court, which ordered the respondents to furnish a bank guarantee of Rs 7.63 crore. The respondents neither provided the guarantee nor disclosed that t…

The appellant, a contractor, entered into a 1997 contract with the Telecom Department of Haryana for laying underground cables. Disputes over unpaid bills were referred to arbitration, and the arbitrator awarded the claim but denied interest, citing a contractual clause that prohibited it. The appellant later sought po…

The State of West Bengal filed a Section 34 application to set aside an arbitral award before the District Court of Jalpaiguri, while the High Court of Calcutta had earlier entertained interim relief under Section 9 and appointed an arbitrator under Section 11. The High Court held that, under Section 42 of the Arbitrat…

The Supreme Court examined whether a foreign arbitral award could be enforced against entities that were not signatories to the underlying arbitration agreement in a dispute between a Hong Kong representative (ISS) and an Indian company (DMC) over commission payments. The Court held that Section 47(1)(c) of the Arbitra…

The National Highways Authority of India (NHAI) and Gayatri Jhansi Roadways Limited entered into a 2006 contract that contained a detailed fee schedule for arbitrators. After a dispute arose in 2017, NHAI invoked a newer NHAI circular (dated 01‑06‑2017) that amended the fee amounts, while the arbitral tribunal, relying…

O.M.M. Private Limited, holder of a mining lease, terminated its contract with Adhunik Steels Ltd., alleging violation of Rule 37 of the Mineral Concession Rules, 1960. Adhunik filed a Section 9 application under the Arbitration and Conciliation Act, 1996 seeking an interim injunction to restrain termination and dispos…

Reliance Infrastructure Ltd. built a power plant for the State of Goa under a Power Purchase Agreement, but the State failed to pay for the electricity generated. The parties referred their dispute to a sole arbitrator, who awarded Rs. 278.29 crore with interest at 15% per annum. The High Court reduced the interest rat…

The dispute arose between M/s Today Homes & Infrastructure Pvt. Ltd. (and Mapletree Properties) and the Ludhiana Improvement Trust over a joint‑venture agreement dated 24‑05‑2005, which the Trust later claimed was void. The developers filed an application under Section 11(6) of the Arbitration and Conciliation Act, 199…

Antrix Corp. Ltd. and Devas Multimedia entered into an agreement containing an arbitration clause that required disputes to be referred to senior management and, failing that, to an arbitral tribunal governed by ICC or UNCITRAL rules, with the seat in New Delhi and Indian law as the governing law. After Antrix terminat…

Denel (Proprietary) Ltd., a South African government-owned company, supplied electronic equipment to Bharat Electronics Ltd., a Government of India enterprise, under several purchase orders. After delivering the goods, Denel demanded payment of GBP 34,894.75, but Bharat Electronics refused, citing a Ministry of Defence…

The Delhi Metro Rail Corporation (DMRC) and Delhi Airport Metro Express Private Ltd (DAMEPL) entered into a 2008 concession agreement for the Delhi Airport Metro project. DAMEPL alleged safety defects, issued a cure notice, and later terminated the agreement; an arbitral tribunal awarded substantial sums to DAMEPL. The…

NTPC Ltd. and SPML Infra Ltd. entered into a contract for installation services. After SPML completed the work, NTPC released the final payment but retained SPML's bank guarantees, linking their release to disputes in other projects. The parties settled the matter through a Settlement Agreement that released the guaran…

The appellant, a cooperative society, sought to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, but filed the application after the 90‑day statutory period and the additional 30‑day discretionary period had expired because the court was on winter vacation. The appellant argue…

Garware Wall Ropes Ltd. entered into a sub‑contract with Coastal Marine Constructions & Engineering Ltd. that contained an arbitration clause but the sub‑contract was not stamped. When the respondent filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, the Bo…

The parties entered into a written construction contract on 06‑06‑2009 containing an arbitration clause. Disputes over construction quality led to a meeting where the contract was terminated by mutual consent and an oral agreement was made with the husband of the original contractor to supervise the work, under which h…

The Urban Infrastructure Real Estate Fund (U.I.R.E.F) obtained an arbitral award of Rs 78.33 crore against Dharmesh S. Jain and others, which the Bombay High Court stayed on the condition that the respondents deposit 50% of the amount. The High Court’s order dated 08‑08‑2019 was later extended twice by the Supreme Cour…

The appellants filed a criminal complaint alleging that the second respondent, a property owner, cheated them in a commercial transaction involving the sale of a mortgaged plot, breaching the agreement and misappropriating funds, leading to FIRs under Sections 420, 406 and 34 IPC. The Delhi High Court, invoking its inh…

The dispute arose when BSNL (appellant) withheld Rs.99.70 crore from Nortel (respondent) after completing a telecom tender. Nortel claimed the amount in May 2014, which BSNL rejected on 4 August 2014. After more than five years, Nortel invoked the arbitration clause on 29 April 2020 and sought appointment of an arbitra…

The corporate debtor Ricoh India Ltd. initiated a corporate insolvency resolution process under the IBC, inviting resolution plans. Kotak Investment Advisors Ltd. (KIAL) submitted its plan on time, while Kalpraj submitted a belated plan which was later accepted by the Committee of Creditors (CoC) and approved by the NC…

The appellant Imax Corporation and the respondent MIS E‑City Entertainment entered into a contract containing an arbitration clause that referred to the ICC Rules of Arbitration and stipulated that the agreement would be governed by Singapore law. The parties submitted their dispute to the ICC, which after consulting t…

Harmony Innovation Shipping Ltd. entered into a charter agreement with Gupta Coal India Ltd. that stipulated arbitration in London, governed by English law, and specified the arbitrators as members of the London Arbitration Association. The appellant sought interim relief under Section 9 of the Arbitration and Concilia…

MIS Shivnath Rai Harnarain (India) Ltd and MIS Abdul Ghaffar Abdul Rehman agreed, via a settlement agreement, to refer any dispute to arbitrator Mr. Samuel J. Marshall in Singapore, applying UNCITRAL Rules while Indian law governed the contract. The arbitrator issued an award in favour of the applicant in June 2005, wh…

The stock broker AC Chokshi Share Broker invoked arbitration under BSE Bye‑law 248(a) to recover a large debit balance that accrued in the wife’s trading account after the 2001 market crash, alleging that the husband had orally agreed to be jointly and severally liable. The arbitral tribunal held both spouses jointly l…

M/s. Voestalpine Schienen GmbH (petitioner) entered into a contract with Delhi Metro Rail Corporation Ltd. (DMRC) for supplying rails. Disputes arose over payments and liquidated damages, and the parties invoked an arbitration clause that required DMRC to prepare a panel of serving or retired engineers from government …

The appellants received an arbitral award on 14 February 2022 and were required to file a Section 34 application within three months, extended by a COVID‑19 order to 29 May 2022, with a further 30‑day condonable period ending on 28 June 2022. The 30‑day period fell during the Delhi High Court's summer vacation (04 June…

Venture Global Engineering (VGE) and Satyam Computer Services Ltd. (SCSL) entered into a joint venture and shareholders agreement that provided for arbitration of disputes. A dispute arose and SCSL obtained an award from the London Court of International Arbitration directing VGE to transfer its shares in the joint ven…

Krishna Bhagya Jala Nigam Ltd entered into a construction contract with G. Harischandra Reddy that contained Clause 29, which provided for disputes to be referred to the Chief Engineer as arbitrator. When a dispute arose, the contractor invoked Clause 29, but the Chief Engineer initially refused, leading the contractor…

Hindustan Petroleum Corporation Ltd. (HPCL) floated a tender for a tank‑truck locking system and awarded a purchase order to AGC Networks Ltd., which later engaged BCL Secure Premises Pvt. Ltd. (BCL) as a sub‑vendor. HPCL alleged non‑performance by AGC and denied any contractual relationship or payment liability to BCL…

The appellant, Texco Marketing Pvt. Ltd., bought a fire insurance policy from Tata AIG that excluded coverage for basement premises, yet the insured shop was located in a basement. After a fire, the insurer denied the claim relying on the exclusion clause. The State Consumer Commission held the insurer liable for defic…

The appellant, a partner in a construction firm, entered into arbitration with the respondents over a partnership dispute, resulting in two awards dated 19 April 1997 and 25 November 2000. The appellant sought adjustment of the cross‑award under Order XXI Rules 18 and 19 of the CPC, arguing that the awards could be tre…

Cox & Kings Ltd. sought appointment of an arbitrator under Clause 15.7 of its Services General Terms and Conditions Agreement with SAP India Pvt. Ltd., alleging breach of a software implementation project. The petition raised questions on whether a prima facie arbitration agreement existed under Section 11 of the Arbit…

The Delhi Airport Metro Express Pvt. Ltd. (DAMEPL) and Delhi Metro Rail Corporation Ltd. (DMRC) entered into a concession agreement for the Airport Metro Express Line. DMRC was served a termination notice for alleged defects in the civil structure, which DAMEPL claimed were not cured within the 90‑day period, leading t…

The petitioners, Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd. and others, entered into a distributorship agreement with the respondent, M/s Ajay Sales & Suppliers, which contained an arbitration clause appointing the Sangh's Chairman as sole arbitrator. The respondent later approached the High Court under Section 11 of…

The petitioners, a UAE entity, claimed that the respondents defaulted on payments under a 2004 MoU and invoked arbitration in 2022, eleven years after the alleged breach in 2011. The petition sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, while criminal proceeding…

In a suit for partition of joint family property filed in 1991, the appellants sought a stay of proceedings under Section 34 of the Arbitration Act, 1940, which was dismissed in 1995 and affirmed on appeal. The suit continued, and the appellants later filed an application under Section 8 of the Arbitration and Concilia…

The appellant, a contractor, completed a construction project for the State of Uttar Pradesh in 1996, after which disputes over payment led to arbitration in 1997. The arbitrator awarded the respondents to pay the contractor Rs.24,18,586 with interest at 18% per annum from April 1996, and also specified interest rates …

Tata Industries Ltd. and its subsidiary Apex Investments (Mauritius) sought appointment of arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996, alleging breach of a Shareholders Agreement with Grasim Industries Ltd. The dispute centred on termination notices alleging breach of non‑competition …

The petitioners filed a suit seeking a permanent injunction and damages for alleged infringement of the trademark ‘SRI ANGANNAN BIRIYANI HOTEL’. The respondents filed a Section 8 application invoking arbitration clauses in two assignment deeds of the trademark, alleging that the deeds were fraudulently executed. The Co…

The appellant, a construction firm, entered into a contract with the Engineer-in-Chief, received full payment, and issued a notice invoking the arbitration clause on 26‑12‑2013. It later filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 on 27‑04‑2016, after the Arbitration and Conci…

The Indian Oil Corporation (IOC) entered into a 15‑year petrol pump dealer agreement with Sathyanarayana Service Station, which contained a clause allowing either party to terminate the agreement by giving three months' notice. The dealer gave a notarised notice to withdraw, which IOC accepted; the dealer later attempt…

Schlumberger Asia Services Ltd. entered into a contract with Oil & Natural Gas Corporation Ltd. (ONGC) for oilfield equipment and services. After alleged non‑payment of invoices, Schlumberger sent several notices to ONGC from 2008 onward, invoking arbitration under Clause 27 of the contract. ONGC failed to respond, and…

Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing a clause that provided for arbitration in India and, if either party was dissatisfied, a second arbitration in London whose award would be binding. The Indian arbitrator issued a NIL award, after which Centrotrade invoked the…

The work under a contract was completed on 30 July 2000, but no final bill or measurement certificate was issued by the Engineer-in-Charge. The State of West Bengal filed a notice seeking arbitration on 2 June 2022, more than 21 years after completion, and the High Court ordered arbitration, holding that the limitation…

MSEDCL issued a Letter of Intent (LOI) accepting R Z Malpani's bid for a civil work tender but the LOI was conditional and did not constitute a final contract. The parties never executed a work order, and the LOI merely allowed preliminaries. The respondent invoked the arbitration clause in the tender's Special Conditi…

The appeal concerned whether an arbitrator appointed under the Arbitration and Conciliation Act, 1996 could be deemed a "Court" for the purposes of Section 195(3) of the Code of Criminal Procedure, 1974, and consequently whether Section 340 Cr.P.C. could be invoked against an arbitrator. The appellant argued that the a…

The Kerala State Electricity Board (KSEB) contracted with Kurien E. Kalathil to construct a dam, after which a government notification raised minimum wages, leading the contractor to claim labour‑escalation charges with interest (Ex.P‑20) and additional work charges (Ex.P‑59). The High Court ordered KSEB to pay amounts…

NBCC (India) Ltd., a micro‑small enterprise, entered into several construction contracts with the State of West Bengal and later filed a memorandum under Section 8 of the MSMED Act, 2006 after the contracts were executed. The enterprise then referred a payment dispute to the Micro and Small Enterprises Facilitation Cou…

The dispute arose from a work order awarded to Manish Engineering Enterprises by IFFCO, which was later cancelled, leading the firm to seek payment through arbitration and writ petitions. After the arbitrator rejected the claim of removal of items from IFFCO premises, the complainant filed multiple criminal complaints …

Denel (Proprietary) Ltd. entered into a contract with the Ministry of Defence for supply of Base Bleed Units. Disputes arose over rejected goods and the parties could not resolve them, leading to the appointment of a sole arbitrator, A.K. Jain, by the Director General of Ordnance Factory (DGOF) as per the contract clau…

The Supreme Court examined a dispute among partners of the unregistered liquor‑trading firm Mis Ashok Traders, where a partner of Group A sought an interim order under Section 9 of the Arbitration and Conciliation Act, 1996 for the appointment of a receiver. The trial court dismissed the application on the ground that …

The arbitral award dated 14‑04‑2000 directed Nepa Ltd to pay Rs 14,49,300 to Manoj Kumar Agrawal with 18% interest from the award date. The High Court, on a stay order, required Nepa to deposit 50% of the amount (Rs 7,78,280) which the respondent withdrew on 08‑11‑2001 after giving a personal undertaking. The responden…

The Union of India entered into a works contract with Mis. Susaka Pvt. Ltd. and, after disputes arose, the matter was referred to an arbitral tribunal which awarded damages and interest on several claims. The Union challenged the award of interest under Section 34 of the Arbitration and Conciliation Act, 1996, invoking…

The Supreme Court examined whether arbitration clauses that allow one party, especially a government entity, to unilaterally appoint a sole arbitrator or control the composition of a three‑member tribunal are valid. It held that such unilateral appointment provisions create a real risk of bias, violate the principle of…

The State of Chhattisgarh entered into agreements with M/s Sal Udyog for the supply of Sal seeds, which included a clause for "supervision charges" and were governed by a 1987 government circular imposing a 10% charge. After the State terminated the agreement, Sal Udyog claimed a refund of excess supervision charges, a…

M/s. Mitra Guha Builders (India) Co. entered into a construction contract with ONGC that contained Clause 2 allowing the Superintending Engineer to levy liquidated damages for delay, with a finality clause, and Clause 25 mandating arbitration for disputes. The arbitrator allowed the contractor's claims but rejected ONG…

The Gujarat State Disaster Management Authority (appellant) was ordered by a Facilitation Council under the MSME Act to pay Rs 105,053,387 to M/s Aska Equipments Ltd (respondent). The appellant sought to set aside the award under Section 34 of the Arbitration & Conciliation Act, 1996 and, pursuant to Section 19 of the …

Dozco India Ltd entered a distributorship agreement with Doosan Infracore Co. Ltd, a Korean company. The agreement contained an arbitration clause (Article 23) stating that disputes would be finally settled by arbitration in Seoul, Korea, under ICC Rules, and Article 22 made Korean law the governing law. When the respo…

The Supreme Court examined an arbitration award arising from a turnkey housing contract between Army Welfare Housing Organisation (AWHO) and Sumangal Services Pvt. Ltd. (Sumangal). The Court held that the arbitrator had no jurisdiction to pass an interim injunction under Section 41(b) of the Arbitration Act, 1940, and …

The Supreme Court examined the interplay between Section 144C, which provides a special dispute‑resolution procedure for eligible assessees, and Section 153(3) of the Income Tax Act, which prescribes a twelve‑month limitation for fresh assessments. The Court held that the limitation under Section 153 applies only to th…

The Supreme Court considered an appeal by DLF Ltd. and another Indian company against a Croatian generator firm concerning the enforcement of a foreign arbitral award expressed in euros. The key issues were the appropriate date for fixing the foreign exchange rate to convert the award into rupees and the treatment of a…

M/s Shahi and Associates entered into a construction contract with the Uttar Pradesh government and invoked arbitration in 1999. The arbitrator awarded Rs. 17,86,339 with interest at 18% per annum under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. The District Judge and the Allahabad High Court reduc…

Mahanagar Telephone Nigam Ltd. (MTNL) entered into a bond transaction with CANFINA, a wholly‑owned subsidiary of Canara Bank, which later transferred the bonds to its parent. MTNL cancelled the bonds alleging non‑payment of consideration and sought arbitration. The parties exchanged letters and a draft arbitration agre…

Rastriya Spat Nigam Ltd. entered into a consignment agency contract with Verma Transport Company that contained an arbitration clause. The appellant terminated the contract and issued a show‑cause notice to blacklist the respondent. The respondent filed a suit for a permanent injunction against termination and blacklis…

The dispute arose from a slum redevelopment project where the respondent, Samir Narain Bhojwani, alleged default by the appellant, Bombay Slum Redevelopment Corporation Private Limited, leading to arbitration and an award in favour of the respondent. The appellant challenged the award under Section 34 of the Arbitratio…

The State of West Bengal appointed Rajpath Contractors to construct a bridge, and an arbitral award dated 30 June 2022 directed the State to pay Rs.2.11 crore. The State received the award on the same day and filed a petition under Section 34 of the Arbitration and Conciliation Act on 31 October 2022, after the Calcutt…

The Supreme Court examined a batch of Special Leave Petitions arising from orders of the Delhi and Calcutta High Courts that refused to enforce foreign arbitral awards or to award interest. The central question was whether an order that is not appealable under section 50 of the Arbitration and Conciliation Act, 1996 co…

The National Highways Authority of India (NHAI) awarded a construction contract to Ssangyong Engineering & Construction Co. Ltd., which included a price‑adjustment formula based on the Wholesale Price Index (WPI) old series. When the Ministry of Industrial Development stopped publishing the old series and introduced a …

Two business groups that had entered into a joint venture fell out over shareholding and director appointments, leading to a cascade of more than 80 proceedings, including company law petitions, contempt suits and criminal complaints under Section 340 Cr.P.C. The Supreme Court noted the deadlock and, rather than adjudi…

Al Jazeera Steel Products Company SAOG (the applicant) entered into a sale‑purchase contract with Mid India Power & Steel Ltd. (the respondent) for 2,000 metric tonnes of prime alloy steel billets. The billets delivered were found to be defective, leading the applicant to notify the respondent and request a joint inspe…

BIPROMASZ BIPRON Trading SA entered into a purchase order with Bharat Electronics Ltd (BEL) for gyro units, but BEL halted supplies, rejected goods and alleged contractual breaches. The contract’s arbitration clause required disputes to be referred to BEL’s Chairman‑cum‑Managing Director (CMD) or his nominee. The petit…

The Indian Iron and Steel Co. Ltd. entered into a contract with Mis. Tiwari Road Lines for transport of steel, which contained an arbitration clause mandating that all disputes be resolved under the Rules of Arbitration of the Indian Council of Arbitration. When the appellant invoked a bank guarantee, the respondent fi…

The appellant, N.S. Nayak & Sons, challenged the High Court's dismissal of its appeals under Section 37 of the Arbitration Act, 1940, arguing that the Arbitration and Conciliation Act, 1996 should govern the appeals because the arbitration agreement referred to "the provisions of the Arbitration Act, 1940 or any statut…

Pravin Electricals alleged that no consultancy agreement dated 7 July 2014 existed with Galaxy Infra, while Galaxy claimed such an agreement, containing an arbitration clause, was executed and sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Delhi High Court…

In a suo motu writ petition, the Supreme Court examined the extension of limitation periods granted due to the COVID-19 pandemic. Earlier orders had excluded the period from 15 March 2020 to a date to be fixed, allowing litigants extra time to file suits, appeals and other proceedings. Observing that the pandemic situa…

The petitioners, India Household and Healthcare Ltd., entered into a Memorandum of Understanding and a licence agreement with the respondents, LG Household and Healthcare Ltd., which contained an arbitration clause. A dispute arose over the use of the LG logo and the respondents obtained an interim injunction restraini…

R.K. Pandey, a former lab assistant of a state‑run medical college, claimed that his superannuation age should be 60 years and sought relief through arbitration, relying on an alleged 1957 arbitration agreement between the municipal board and the Governor of Uttar Pradesh. He unilaterally appointed two arbitrators who …

The State of Gujarat awarded a contract to Amber Builders for highway work, which the contractor completed but later faced a claim of defective repair and a demand for Rs.1.09 crore. The State issued a notice seeking payment, which the contractor challenged in the Gujarat High Court, leading to a writ petition that was…

Madnani Construction Corporation entered into a contract with the North Eastern Railway for bridge work. Disputes arose over alleged manipulations in measurement books, leading the contractor to seek arbitration. The arbitrator, after examining the level book, graph sheets and log books, found that the railway had alte…

M/s Arif Azim Co. Ltd., an Afghan distributor, entered into a 2010 distributorship agreement with M/s Micromax Informatics FZE (UAE) that contained an arbitration clause designating Dubai as the venue and subjecting the arbitration to UAE Arbitration and Conciliation rules. After a credit dispute, the petitioner sought…

Goqii Technologies (appellant) entered a Master Services Agreement with Sokrati Technologies (respondent) containing an arbitration clause (Clause 18.12). After paying over Rs 5.5 crore, Goqii raised concerns based on an independent audit reporting alleged overcharges and fraudulent practices, and invoked arbitration u…

The appellant, HPCL Bio‑Fuels Ltd., entered into turnkey contracts with the respondent, Shahaji Bhanudas Bhad, for equipment supply. After a dispute over unpaid dues arose in 2014, the respondent invoked the arbitration clause and filed a Section 11(6) application in the Bombay High Court in February 2018, which he unc…

The appellant, Vijay Trading and Transport Co., entered into a two‑year handling and transportation contract with Central Warehousing Corporation. The contract was terminated by the corporation for the appellant’s failure to deliver an export‑loaded container to the port at Navi Mumbai, leading to forfeiture of the sec…

Lifestyle Equities sued Amazon Technologies for alleged trademark infringement and obtained a money decree of Rs.336.02 crore. Amazon appealed and sought a stay of execution under Order XLI Rule 5(1) and (3) of the CPC without depositing the decretal amount. The Delhi High Court granted an unconditional stay, prompting…

The Supreme Court examined three appeals concerning the applicability of the Arbitration and Conciliation Act, 1996 (the new Act) versus the Arbitration Act, 1940 (the old Act) and the Foreign Awards Act, 1961. In Thyssen Stahlunion GmbH v. SAIL (CA 6036/98), arbitral proceedings began in 1995 under the old Act and the…

The appellant, a landowner, entered into a Development Agreement with the respondent developer to construct an apartment complex, also granting a General Power of Attorney. The developer failed to complete the work within the stipulated 15‑month period, prompting the appellant to serve a legal notice terminating the ag…

The respondent, Basant Nahata, sought registration of a power of attorney, which the Sub‑Registrar refused under a Rajasthan Government notification issued pursuant to Section 22‑A of the Indian Registration Act. The notification declared such documents "opposed to public policy" and barred their registration. The resp…

GAIL (I) Ltd. entered into a gas‑supply agreement with Bal Kishan Agarwal Glass Industries Ltd., but the gas meter was repeatedly found tampered, leading to successive disconnections. The respondent filed a civil suit seeking reconnection of gas without any payment or security, even though arbitration proceedings under…

Himadri Chemicals Industries Ltd entered into a contract with Coal Tar Refining Co. for supply of extra‑hard pitch coal, with payment to be made by an irrevocable Letter of Credit (LC) opened by the appellant. The appellant’s bank found discrepancies in the documents and, after the appellant waived them, the parties ag…

The Central Government acquired parcels of land in Mau district for a highway widening project under the National Highways Authority Act, 1956. The Special Land Acquisition Officer (SLAO) determined the total compensation and apportioned shares among the landowners, a determination accepted by the appellants but contes…

The appellants, contractors on the NH‑49 project, entered into contracts executed through the Kerala Public Works Department but governed by a Ministry of Surface Transport policy that required arbitration. The contracts contained printed clauses (clause 24, 24(a) of the Notice Inviting Tenders and clause 3 of the stan…

The appellant, H. Lathakumari, entered into a contract with Vamanapuram Block Panchayat on 15 March 1999 that incorporated clause 73 of the Madras Detailed Standard Specifications, mandating arbitration of disputes. When a dispute arose, the appellant invoked Section 11 of the Arbitration and Conciliation Act, 1996 to …

The appellants Jindal Steel issued a work order to Bansal Infra and obtained an unconditional bank guarantee to secure an advance payment. After alleged delays, quality deficiencies and termination of the contract, the appellants threatened to encash the guarantee unless a debit balance was paid. Bansal filed a Section…

The petitioners sought appointment of an arbitrator under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, alleging a live dispute arising from an arbitration clause (Clause 41) in an agreement dated 19 January 2004 concerning a 74% equity stake in Varsha Hill Fort Resorts Pvt. Ltd. The High Cour…

Karnataka Power Transmission Corporation (KPTC), a state utility, awarded a sub‑station contract to Deepak Cables. During performance, Deepak Cables raised a claim and, after the engineer failed to decide within 30 days under clause 48 of the contract, filed an application under Sections 11(5) and 11(6) of the Arbitrat…

The appellants, landlords, leased a shop to the respondents under a notarized tenancy agreement that contained an arbitration clause. When the respondents failed to vacate after a termination notice, the landlords filed a suit for eviction, arrears of rent, municipal taxes, mesne profits and injunction before the Civil…

Jai Prakash Associates Ltd. (JAL) entered into a contract with Tehri Hydro Development Corporation Ltd. (THDC) that contained General Conditions of Contract (GCC) clauses 50 and 51 expressly prohibiting any interest on monies due. An arbitral tribunal under the Arbitration and Conciliation Act, 1996 awarded the appella…

The appellants sought to enforce a foreign arbitral award in Gujarat High Court, which ordered enforcement. They then challenged the order by filing an appeal under Section 13(1) of the Commercial Courts Act, arguing that an appeal was permissible even though Section 50 of the Arbitration and Conciliation Act, 1996 doe…

ONGC Mangalore Petrochemicals Ltd. awarded a construction contract to ANS Constructions Ltd. The contractor paid the final bill of Rs.20.34 crore after receiving a No Dues/No Claim Certificate on 21 September 2012. The contractee later withdrew the certificate on 24 October 2012 alleging it was obtained under duress an…

Regenta Hotels Private Limited entered into a franchise agreement with M/s Hotel Grand Centre Point and, after disputes arose, obtained an ad‑interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996 on 17 February 2024. The appellant served a notice invoking arbitration on 11 April 2024, to whic…

The respondent, a beneficiary of shares bequeathed by his mother, sought registration of the transmission of those shares after the company refused to register them. The refusal triggered an appeal under the erstwhile Companies Act, 1956, which the respondent failed to file within the prescribed two‑month period; he la…

The Tuticorin Port Trust awarded a dredging contract to Jan De Nul Dredging India, which completed the work ahead of schedule. A dispute over unpaid dues led to arbitration, where the tribunal awarded Rs.14.66 crore as idle‑time compensation for the Backhoe Dredger (Claim No.7). The Port Trust challenged the award unde…

UHL Power Company Ltd. and the State of Himachal Pradesh appealed a High Court judgment that had set aside a 2005 arbitral award. The Supreme Court examined whether an arbitrator may award post‑award interest (interest on interest/compound interest) and held that, following Hyder Consulting (UK) Ltd., such interest can…

The appellant, as legal representative of a deceased partner, invoked an arbitration clause in a partnership deed under Section 11(6) of the Arbitration and Conciliation Act, 1996, after the High Court dismissed his petition. The central issue was whether the clause was merely optional or required the consent of all pa…

The Supreme Court examined whether the "group of companies" doctrine, which allows an arbitration agreement signed by one member of a corporate group to bind non‑signatory affiliates, is valid under Indian law and how it should be applied. The Court considered the interpretation of the phrase "claiming through or under…

The State Trading Corporation (STC) entered into a tripartite agreement with Global Steel Holding Ltd. (GSHL) and Global Steel Philippines Inc. (GSPI) for the sale of steel coils, which later gave rise to settlement agreements under the Arbitration and Conciliation Act, 1996. GSHL and GSPI defaulted on the settlement p…

The appellant, Harinarayan G. Bajaj, bought shares through broker Rajesh Meghani but failed to pay for them. The National Stock Exchange (NSE) declared the broker a defaulter and the broker referred his claim for the unpaid amount to arbitration under NSE by‑laws. The arbitral tribunal awarded the broker Rs 3,46,89,636…

The appellant, a private hospital, entered into a software implementation agreement with the respondent, a digital health‑technology firm, which contained Clause 8.28 purportedly providing for arbitration. After repeated technical failures, the appellant invoked the clause and sought appointment of a sole arbitrator un…

Lombardi Engineering, a Swiss design consultancy, entered into a contract with Uttarakhand Vidyut Nigam Ltd for a hydro‑electric project, which was later transferred from UPDCC to the respondent. After the respondent terminated the contract, Lombardi invoked the arbitration clause in the General Conditions of Contract,…

M/s Com Ed Chemicals Ltd entered into a Memorandum of Understanding with Dr. C.N. Ramchand, appointing him as Director (Technical) of a subsidiary and granting him equity, salary and other benefits. The respondent resigned, the company rejected his resignation and invoked the arbitration clause in the MoU, seeking appo…

The original landowners entered into development agreements and later formed three societies, including the appellant society, to develop a complex. Disputes arose over the sharing of lease rents collected by the appellant society from a building, leading the respondents to file petitions under Section 23 of the Andhra…

The appellant, a successful purchaser at a sealed‑tender sale, sought to enforce a sale certificate issued after the execution of an award under the Multi‑State Co‑operative Societies Act, 1984. The respondents, borrowers, had defaulted on a loan and the property was sold after multiple failed public auctions. The High…

The dispute arose from a contract between Bharat Aluminium Co. and Kaiser Aluminium Technical Service, Inc. that provided for arbitration in London under English law, but governed the contract by Indian law. After two awards were rendered in England, the appellant sought to set aside the awards under Section 34 of the …

Numaligarh Refinery Ltd (NRL), a Government undertaking, awarded a turnkey power plant contract to Daelim Industrial Co Ltd (DIC). During execution, DIC lodged a claim of Rs 55.8 crore covering substituted material, turbo‑technical price, counter‑vailing duty, exchange‑rate fluctuation, liquidity damages, and interest,…

Amazon invested in FCPL and, through it, in Future Retail Ltd (FRL). When FRL and its promoters attempted to sell FRL's retail assets to a rival, Amazon sought emergency interim relief under the SIAC Rules, and an Emergency Arbitrator issued an award restraining the transaction. The Delhi High Court enforced the award …

The State of Madhya Pradesh filed a civil revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, challenging an arbitral award dated 18 June 2003, but the revision was filed 80 days after the statutory three‑month period. The State also sought condonation of the delay under Section 5 of …

The sole arbitrator, on 7 October 2010, issued an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 prohibiting the disposal of any flats without its leave. The respondent transferred five flats on 14 October 2010, breaching that order, and the arbitrator later found the breach and, on 5 May …

Arabian Exports Private Limited (the appellant) claimed insurance proceeds for flood damage amounting to Rs 5,71,69,554 against National Insurance Company Ltd. (the respondent). After a long delay, the respondent offered a much lower sum of Rs 1,88,14,146, which the appellant accepted by signing an undated voucher and …

The petition sought to join the parent company, a non‑signatory, to arbitration proceedings arising from a software licence and services agreement between the petitioner and a subsidiary of the parent. The Court examined the scope of the "group of companies" doctrine, particularly its reliance on the parties' subjectiv…

IRCON International, the main contractor, entered into two sub‑contracts (C1 and C2) with Vinay Heavy Equipments for road work. The subcontractor completed about 67% of the work and claimed an unpaid balance of Rs 61 lakhs, leading to arbitration (First Arbitration) in which the arbitrator awarded the subcontractor rou…

Eastern Coalfields Ltd., a public sector undertaking, entered into an excavation contract with Sanjay Transport Agency, a private party. When a dispute arose, the contractor invoked Section 11(6) of the Arbitration and Conciliation Act, 1996, and the Calcutta High Court appointed an arbitrator. The employer appealed, a…

The appellant, Sanjiv Prakash, invoked an arbitration clause in a 1996 Memorandum of Understanding (MoU) among family members after a dispute over share transfers with his sister and mother. The respondents argued that the MoU was superseded and novated by a later Shareholders' Agreement (SHA) dated 12‑04‑1996, which t…

The appellant, Bhaven Construction, entered into a contract to manufacture and supply bricks that contained an arbitration clause. It unilaterally appointed a sole arbitrator, who dismissed Respondent No.1's Section 16 challenge to his jurisdiction. Instead of using the statutory remedy under Section 34, Respondent No.…

The State of Jharkhand appealed a High Court order that restored an arbitral award allowing claims that the civil court had struck down as prohibited by specific contractual clauses. The High Court had relied on the Supreme Court’s decision in Bharat Drilling & Foundation Treatment Pvt. Ltd. v. State of Jharkhand, hold…

Simplex Infrastructure Ltd entered into a contract with the Union of India for construction of shelters, which led to arbitration and an award dated 27 October 2014 in favour of Simplex. The Union of India filed a Section 34 application before the District Judge on 30 January 2015, which was dismissed for lack of juris…

Sutlej Construction was awarded a contract by the Union Territory of Chandigarh for earth excavation, loading, and transport. The contract was terminated by the respondent, leading the appellant to invoke the arbitration clause; an arbitrator was appointed and issued an award partially in favour of the appellant, rejec…

Bank of India filed a recovery suit under the RDDBFI Act and, after auctioning the mortgaged property, appointed Yadav Consultancy Services as Court Commissioner to safeguard the property. The bank later discharged the commissioner and was directed by the Recovery Officer to continue paying his security charges, which …

M/S MSP Infrastructure Ltd. and M.P. Road Development Corp. entered into a road development contract that was later referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitral tribunal awarded Rs. 6.90 crores to the appellant, after which the respondent filed a petition under Section 34 to se…

Speech & Software Technologies (India) Pvt. Ltd. entered into a Services Agreement with Neos Interactive Ltd. on 15 July 2006 for monthly service fees. The respondent argued that the Services Agreement was a schedule to a later Tripartite Share Purchase Agreement (TSPA) and that, because the TSPA was automatically term…

The appellant, a contractor, executed a contract with Gulbarga University for constructing an indoor stadium. Clause 30 of the contract stipulated that any dispute would be decided by the Superintending Engineer of the Gulbarga Circle, whose decision would be final and binding. After the Engineer rendered an award, the…

The appellants, a group of builders, entered into a sale agreement to construct a villa for the respondent, a home‑buyer, but failed to deliver possession and subsequently terminated the agreement. The buyer filed a complaint under the Consumer Protection Act, 2019 before the District Consumer Forum, while the builders…

Citibank entered into a tripartite agreement with TLC Marketing PLC (UK) and Wunderman India Pvt Ltd (WIPL) to run a "Fly for Sure" scheme offering free return flight vouchers to its credit‑card customers. After numerous complaints that TLC and WIPL failed to honour the vouchers, Citibank terminated the agreement and i…

An arbitral award dated 29 August 1998 was forwarded to the Union of India with a request to file it in the Bombay High Court under the Arbitration Act, 1940. The Union filed the award on 29 March 1999 and challenged it on 19 April 1999, initially invoking sections of the 1940 Act, later amending the petition to refer …

The appeal concerned the interpretation of Section 11(6A) of the Arbitration and Conciliation Act, 1996, introduced by the 2015 amendment and later omitted by the 2019 amendment. The appellant argued that the Supreme Court or High Court must still examine the existence of an arbitration agreement before appointing arbi…

M/s Harsha Constructions entered into a contract with the Union of India for bridge construction, which contained Clause 39 governing extra work and Clause 63 listing "excepted matters" that were excluded from arbitration. A dispute arose over the rate payable for extra work, which the contractor claimed was not finall…

The Bihar State Food and Civil Supplies Corporation entered into contracts with rice millers for paddy procurement and included an arbitration clause. Allegations of massive fraud and misappropriation of public funds led to criminal FIRs, charges under the Penal Code, and recovery proceedings under the Bihar & Orissa P…