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Arbitration
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
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
Section 34 court cannot re-appreciate evidence on attribution of delay where arbitrator's view is plausible: Delhi high court upholds 10% liquidated damages deduction
Delhi High Court Affirms Arbitrator's Decision: Section 34 Court Cannot Re-evaluate Delay Evidence, Upholds 10% Liquidated Damages Deduction. Geo Miller & Co Pvt. Ltd. v. Indian Oil Corporation Ltd. Citation: (2026) ibclaw.in 4472 HC Court: High Court of Delhi Case No.: O.M.P. (COMM) 494/2016 Decided on: 27-Jul-26 Coram: Mr. Justice Om Prakash Shukla The Delhi High Court has upheld an arbitral award which found a contractor responsible for delay in completing an EPC project a
Arbitration agreement travels with assignment where assignee steps into original lender's shoes and borrower acts upon it: Bombay high court
Arbitration agreements remain valid through assignments, allowing assignees to assume the original lender's role, as confirmed by the Bombay High Court. Kotak Mahindra Bank Ltd. v. Sitaram Energy and Logistics Ltd. Citation: (2026) ibclaw.in 4019 HC Court: High Court of Bombay Case No.: Comm Arbitration Petition (L) No. 5535 of 2025 with Comm Arbitration Petition (L) No. 5944 of 2025 Decided on: 23-Jul-26 Coram: Mr. Justice Amit Borkar The Bombay High Court has held that wher
Writ petitions seeking interest for delayed payment not maintainable where contract bars interest and provides for civil suit or arbitration: Andhra pradesh high court
Writ petitions for interest on delayed payments deemed non-maintainable when contracts prohibit interest and allow civil suits or arbitration, rules the Andhra Pradesh High Court. Yellaboina Mallaiah v. State of Andhra Pradesh and Ors. Citation: (2026) ibclaw.in 4194 HC Court: High Court of Andhra Pradesh Case No.: Writ Petition Nos. 5506, 5608, 5712, 5748, 5781, 8818, 8895, 8978, 9279 and 9730 of 2025 Decided on: 22-Jul-26 Coram: Sri Justice Subba Reddy Satti The Andhra Prad
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
Emden formula, being a construction contract tool, cannot be applied to assess damages in dealership agreements: Madras high court
Madras High Court Rules Emden Formula Not Applicable for Dealership Agreement Damages Assessment. Case Title: Hyundai Motor India Ltd. v. St. Antonys Cars Pvt. Ltd. Case Number: OSA No. 38 of 2021 | Madras High Court | Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi The Madras High Court has set aside an arbitral award to the extent it awarded damages to a former automobile dealer by applying the Emden formula, holding that the formula, being confined to comput
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
adrEdge Wins "Best ODR Innovation Award" at the Global LendTech, Risk & Collection Summit 2026
adrEdge by Frugal Scientific Pvt. Ltd. wins the "Best ODR Innovation Award" at the 2nd Global LendTech, Risk & Collection Summit, Bengaluru, 19th August 2026. Bengaluru, India — 19th August 2026 We're proud to share a milestone moment for adrEdge and the entire Frugal Scientific team: adrEdge by Frugal Scientific Private Limited has been honored with the Best ODR Innovation Award at the 2nd Edition Global LendTech, Risk & Collection Summit & Awards Series, held at the Radisso
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