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Case Studies
Delay of twenty seven days in filing section 34 petition condoned where judgment debtor diligently pursued section 33 application and related proceedings: Delhi high court
Delhi High Court Condones 27-Day Delay in Filing Section 34 Petition Due to Diligent Pursuit of Section 33 Applications by Judgment Debtor. Case Title: Inox Wind Ltd. and Anr. v. Jasdan Energy Pvt. Ltd. and Anr. Citation: (2026) ibclaw.in 5008 HC Coram: Justice Avneesh Jhingan The Delhi High Court has condoned a delay of twenty seven days in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, holding that the delay stood explained by the judgment
Unilateral appointment of arbitrator cannot be waived by mere participation in proceedings, award rendered a nullity: Delhi high court
Delhi High Court Rules Unilateral Arbitrator Appointments Require Consent: Participation Alone Insufficient for Validity, Resulting in Nullity. Case Title: Union of India v. Goodrich Foodtech Ltd. Citation: (2026) ibclaw.in 4655 HC Coram: Justice Subramonium Prasad The Delhi High Court has set aside an arbitral award on the ground that the Sole Arbitrator was unilaterally appointed by the Union of India in violation of Section 12(5) read with the Seventh Schedule of the Arbit
Supreme court clarifies when an arbitration clause in a loan agreement binds a personal guarantor
Supreme Court Provides Clarity on Arbitration Clauses in Loan Agreements Affecting Personal Guarantors. The Supreme Court of India, in National Skill Development Corporation v. Surya Wires Private Limited & Ors., decided on 8 September 2026, examined whether an arbitration clause contained in a Loan Agreement could bind a person who had executed a Personal Guarantee in his individual capacity, where the Guarantee was expressly incorporated into the Loan Agreement. The Court
Arbitrator has no power to appoint advocate commissioner for collecting evidence, power under section 17 subject to bar in sections 26 and 27: Kerala high court
Kerala High Court Rules Arbitrators Cannot Appoint Advocate Commissioners for Evidence Collection; Legal Powers Limited Under Section 17, as Barred by Sections 26 and 27. Case Title: DLF Southern Towns Pvt. Ltd. v. Aditya Deo and Anr. Citation: (2026) ibclaw.in 4484 HC Coram: Justice Easwaran S. The Kerala High Court has held that an Arbitral Tribunal does not have the power to appoint an advocate commissioner to collect evidence, and that the power to grant interim measures
Delhi high court reaffirms limited scope of section 34 review while upholding arbitral award in DLF Home Developers v. Klassik Lamitex
Delhi High Court affirms limited scope of Section 34 review, upholding arbitral award in DLF Home Developers v. Klassik Lamitex case. In DLF Home Developers Ltd. v. Klassik Lamitex Pvt. Ltd., O.M.P. (COMM) 379/2021, decided on 5 August 2026, the Delhi Hig Court considered the limited scope of judicial interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The Court, presided over by Justice Subramonium Prasad, dismissed DLF Home D
Arbitral tribunal can draw sustenance from CPC provisions in interest of justice, even though commercial courts act amendments not mandatorily applicable to arbitration: Calcutta high court
"Calcutta High Court Rules: Arbitral Tribunals May Reference CPC for Justice Interests, Without Mandatory Application of Commercial Courts Act Amendments." Case Title: Kolkata Municipal Corporation v. Bengal Shelter Housing Development Ltd. Citation: (2026) ibclaw.in 4553 HC Coram: Justice Shampa Dutt The Calcutta High Court has set aside a procedural order passed by a Sole Arbitrator, holding that the chief examination of all witnesses of a party ought to be recorded before
Section 9 petition maintainable despite pending NCLT proceedings on overlapping facts where rights claimed arise from shareholders' agreement: Bombay high court
"Bombay High Court rules Section 9 petition maintainable amid ongoing NCLT proceedings due to shareholders' agreement, as shown on adrEdge ODR platform." Case Name: Shiv Keshrimal Agrawal v. Farma Hub Overseas Pvt. Ltd. and Ors. Citation: (2026) ibclaw.in 4177 HC Coram: Justice Amit Borkar The Bombay High Court has partly allowed a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, granting limited interim protection to a Director and 33% shareholde
Delhi high court refuses additional protection to lender where mortgage already secures the debt
Delhi High Court Decision: No Extra Protection for Lenders Beyond Mortgage Security, Confirms Court. In a recent ruling, the Delhi High Court dismissed an appeal filed by Axis Finance Ltd against Rishab Mago and others, upholding an earlier decision of a Single Judge that had declined to grant interim relief to the lender under Section 9 of the Arbitration and Conciliation Act, 1996. The judgment was delivered on 1 September 2026 by a Division Bench comprising Justice Anil Ks
Bombay high court restores commercial suit rejected over authority's failure to issue final
Bombay High Court Restores Commercial Suit Due to Authority's Delay, Highlighting Judicial Oversight. Mediation Notice Jivaraj Ravaji Gandhi v. Solapur Jilha Dudh Utpadak va Prakriya Sangh Maryadit Solapur and Ors., Commercial First Appeal No. 23 of 2025, decided on 7 August 2026 by the Bombay High Court (Madhav J. Jamdar and Pravin S. Patil, JJ.) Background The Appellant, a supplier of grains, oiled cakes and cattle feed, had supplied goods to the Respondent dairy cooperati
Party in default of assured return clause cannot invoke section 55 of contract act to resist termination for delayed possession: Delhi high court
Delhi High Court's Ruling: Defaulting Parties Cannot Use Section 55 to Delay Contract Termination. Case Name: Omaxe Ltd. v. Joginder Singh Nijjar and Anr. Citation: (2026) ibclaw.in 4669 HC Coram: Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora The Delhi High Court has dismissed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, upholding an Arbitral Award that directed refund of the sale consideration paid for a commercial unit along w
Interpretation of limitation of liability clause in contract is within arbitrator's domain, section 34 court cannot substitute its own view: Bombay high court
"Legal Authority Confirmed: Bombay High Court affirms that interpreting limitation of liability clauses in contracts remains within the arbitrator's jurisdiction, emphasizing non-interference by courts under section 34." Case Name: Conso Feeds v. Alfa Laval (India) Pvt. Ltd. Citation: (2026) ibclaw.in 4335 HC Coram: Justice Sharmila U. Deshmukh The Bombay High Court has dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, holding that t
Bombay high court appoints receiver to trace hypothecated construction equipment, declines bank account attachment in section 9 petition
Bombay High Court Appoints Receiver for Hypothecated Equipment, Rejects Bank Account Attachment Request in Section 9 Petition. Tata Capital Ltd. v. Jain Globals and Ors. Citation: (2026) ibclaw.in 4173 HC Court: High Court of Bombay Case No.: Comm Arbitration Petition (L) No. 8727 of 2026 (with 23 connected petitions) Decided on: 28-Jul-26 Coram: Mr. Justice Amit Borkar The Bombay High Court has held that while a financier is entitled to interim protection for tracing and pre
Delay attributable to employer disentitles imposition of liquidated damages: Delhi high court upholds arbitral award in favour of NH road contractor
Delhi High Court Supports NH Road Contractor: Employer-Caused Delays Prevent Liquidated Damages. Case Title: Public Works Department, NH Wing and Anr. v. GVR Infra Projects Ltd. Case Number: O.M.P. (COMM) 236/2026 | Delhi High Court | Justice Subramonium Prasad The Delhi High Court has dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, upholding an arbitral award of over Rs. 48.57 crores passed in favour of a road construction contrac
Section 9 petition not maintainable to enforce specific performance of contract: Delhi high court dismisses plea to stay termination of JDA
Delhi High Court Rejects Plea to Enforce Contract: Section 9 Petition Deemed Not Maintainable for JDA Termination. Case Title: GCD Prime v. DCM Ltd. Case Number: O.M.P.(I) (COMM.) 472/2025 | Delhi High Court | Justice Jasmeet Singh The Delhi High Court has dismissed a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, by a real estate developer seeking to restrain a land owning company from acting upon a notice of forfeiture and termination issued
Supreme court doubts correctness of S.K. Jain verdict on arbitration pre-deposit clauses, refers question to larger bench
Supreme Court Questions S.K. Jain Verdict on Arbitration Pre-Deposit Clauses, Refers Matter to Full Bench. Case Title: Santosh Associate Pvt. Ltd. v. Haryana State Industrial and Infrastructure Development Corporation Ltd. Case No. : Civil Appeal No. 10953 of 2026 (SLP (C) No. 31245 of 2025) Coram: Justice Manoj Misra and Justice Manmohan Date of Judgment: 17 August 2026 The Supreme Court has expressed doubt over the continued binding effect of its three-judge bench decision
Supreme court sets aside high court order, directs connected article 227 petitions on section 9 jurisdiction be heard together
Supreme Court Overturns High Court Decision, Orders Joint Hearing for Article 227 Petitions Related to Section 9 Jurisdiction. Case Details Case Title: Khajuraho Greens LLP and Ors. v. Bestco Cables Pvt. Ltd. and Anr. Case No.: Civil Appeal No. 8995 of 2026 (Special Leave Petition (C) No. 21642/2026) Coram: Justice J.B. Pardiwala and Justice K. Vinod Chandran The Supreme Court has set aside an order of the Allahabad High Court and directed that two connected petitions filed
When a contract does not provide for demurrage, can TAMP rates create the liability?
"Exploring Contractual Liabilities: Can TAMP Rates Impose Demurrage Without Explicit Contract Terms? | adrEdge ODR Platform" Vizag Seaport Pvt. Ltd. v. Steel Authority of India Ltd. Case: APO 112 of 2022 with IA No. GA/1/2022 Court: High Court of Calcutta Date of Decision: 25 June 2026 Coram: Arijit Banerjee J. and Om Narayan Rai J. Citation: (2026) ibclaw.in 3412 HC Statutes: Arbitration and Conciliation Act, 1996 and Major Port Trusts Act, 1963 The Calcutta High Court's dec
Supreme court disposes of SLP against arbitrator's order on stay of proceedings amid IBC moratorium plea, keeps issues open
Supreme Court Finalizes Decision on SLP Related to Arbitrator's Stay of Proceedings, Maintaining Flexibility Amid IBC Moratorium Issue. Case Details Case Title: Umesh Bajaj v. Amit Khaneja and Anr. Coram: Justice J.B. Pardiwala and Justice K. Vinod Chandran The Supreme Court has disposed of a Special Leave Petition filed against an order of an Arbitrator on a plea for stay of arbitral proceedings on account of interim moratorium under Section 96 of the Insolvency and Bankrupt
Non-signatory bound by identical share purchase agreement clauses applicable to other signatories is a veritable party to arbitration agreement: Supreme court
Supreme Court Rules Non-Signatories Are Bound by Arbitration Clauses in Identical Share Purchase Agreements. KKH Finvest Pvt. Ltd. and Anr. v. Ashiesh Shukla and Ors. | Civil Appeal No. 10056 of 2026 | Supreme Court of India | Justice Sanjay Kumar and Justice Sanjeev Sachdeva | Decided on August 5, 2026 Background The Supreme Court examined whether a non-signatory to a Memorandum of Settlement (MoS) could be treated as a veritable party to the arbitration agreement contained
Delhi high court upholds Rs. 662 crore arbitral award in favour of Toyo engineering-L&T consortium, dismisses IOCL's section 34 challenge
Delhi High Court affirms Rs. 662 crore arbitral award favoring Toyo Engineering-L&T consortium, dismissing IOCL's Section 34 challenge in a landmark decision. Case Title: Indian Oil Corporation Ltd. v. Toyo Engineering Corporation and Anr. Coram: Justice Amit Bansal The Delhi High Court has dismissed a petition filed by Indian Oil Corporation Ltd. under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 11th March, 2019, whereby a con
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