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Arbitration


Bombay high court upholds arbitrator appointed under section 84 of the MSCS act, says section 21 notice not required
Bombay High Court Confirms Arbitrator Appointment Under Section 84 of the MSCS Act, Rules Section 21 Notice Unnecessary. Case Name: Universal Textile Waterproof Co. (India) v. Central Registrar of Co-Operative Societies and Ors. Case No: Writ Petition (L) No. 23098 of 2026 with Writ Petition (L) No. 26560 of 2026, decided on 1 October 2026 Coram: Justice Bharati Dangre and Justice Ashish S. Chavan Citation: (2026) ibclaw.in 6044 HC The Bombay High Court has dismissed two wri


Bombay high court appoints sole arbitrator, says replacement of tender arbitration clause not shown clearly at section 11 stage
Bombay High Court Appoints Sole Arbitrator: Clarifies Tender Arbitration Clause Replacement at Section 11 Stage. Case Name: Jayant Infratech Ltd. v. RCCPL Pvt. Ltd. Case No: Commercial Arbitration Application No. 397 of 2026, decided on 5 October 2026 Coram: Justice Amit Borkar Citation: (2026) ibclaw.in 6043 HC The Bombay High Court has allowed an application under Section 11 of the Arbitration and Conciliation Act, 1996 and appointed a sole arbitrator, holding that the res


Delhi high court refuses to restrain encashment of performance bank guarantee, says invocation need not specify amount recoverable
Delhi High Court Verdict on Performance Bank Guarantee: No Restriction on Encashment, Invocation Need Not Specify Recoverable Amount. Case Name: Sanjeevni Infra Projects Ltd. v. Union of India and Anr. Case No: O.M.P.(I) (Comm.) 469/2026 and I.A. 27830/2026, decided on 7 October 2026 Coram: Justice Manoj Jain Citation: (2026) ibclaw.in 6080 HC The Delhi High Court has dismissed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to restrain encash


Supreme court: Clause barring interest “Or Otherwise” excludes pre-reference and pendente lite interest under section 31(7)(a) of arbitration act
Supreme Court decision highlights clause excluding certain interests under Section 31(7)(a) of the Arbitration Act, as illustrated in a professional legal setting. Case Name: Sharma Enterprises v. National Building Construction Corporation Coram: Justice Aravind Kumar and Justice Vipul M. Pancholi (Judgment authored by Justice Pancholi) Citation: (2026) ibclaw.in 671 SC Case No.: Civil Appeal No. 13782 of 2026 (Special Leave Petition (C) No. 17072 of 2026) Decided on: 15 Oct


Bombay high court allows third round of Auction of 65% shareholding in kakade construction company, permits decree holder to offer its 35% alongside
Bombay High Court Approves Third Auction Round for 65% Shares in Kakade Construction, Allowing Decree Holder to Offer Additional 35%. Case Name: Vistra ITCL (India) Ltd. and Anr. v. Sanjay Dattatreya Kakade and Ors. Coram: Justice Rajesh S. Patil Citation: (2026) ibclaw.in 6038 HC Case No.: Commercial Execution Application (Lodging) No. 1599 of 2018 Decided on: 06 October 2026 The High Court of Bombay has allowed an Interim Application filed by the decree holder in execution


Madhya Pradesh high court: Fee of panchayat under section 387 of municipal corporation act, 1956 can be determined by borrowing provisions of arbitration act, 1996
"Madhya Pradesh High Court: Panchayat fees under Municipal Corporation Act, 1956, can utilize provisions from the Arbitration Act, 1996, for determination." Case Name: Indore Municipal Corporation and Ors. v. Mahendra Kumar Vijayvargiya and Ors. Coram: Justice Subodh Abhyankar and Justice Alok Awasthi Citation: (2026) ibclaw.in 6120 HC Case No.: Writ Appeal No. 1908 of 2023 with Writ Appeal No. 1910 of 2023 Decided on: 07 October 2026 The High Court of Madhya Pradesh at Indor


Himachal Pradesh high court directs payment of interest for 367 days delay in deposit of land acquisition compensation under national highways act, 1956
Himachal Pradesh High Court orders interest payment for a 367-day delay in land acquisition compensation under the National Highways Act, 1956. Case Title: Deepak Bareja and Anr. v. Union of India and Ors. Coram: Justice Sandeep Sharma Citation: (2026) ibclaw.in 5955 HC | CWP No. 2816 of 2024 | Decided on 08.10.2026 The High Court of Himachal Pradesh has held that landowners are entitled to interest for the period during which the compensation determined under an award was n


Supreme court holds non-signatory partners to be prima facie veritable parties to arbitration over partnership asset, leaves limitation and estoppel to arbitral tribunal
Supreme Court Decision: Non-signatory partners acknowledged as bona fide participants in arbitration related to partnership assets, with issues of limitation and estoppel deferred to the arbitral tribunal. Case Title: Hemant D. Shah HUF and Anr. v. Chittaranjan D. Shah HUF and Ors. Coram: Justice J. B. Pardiwala and Justice K. Vinod Chandran Citation: (2026) ibclaw.in 661 SC | Civil Appeal No. 13686 of 2026 (SLP (C) No. 26474 of 2026) | Decided on 12.10.2026 The Supreme Cour


Supreme court holds Goa to be juridical seat where arbitration clause names Delhi and Goa and governing law clause vests exclusive jurisdiction in Goa courts
Supreme Court Designates Goa as Juridical Seat with Exclusive Jurisdiction, Despite Arbitration Clause Naming Delhi and Goa. Case Title: Arcis Clean Energy Pvt. Ltd. v. Parshva Innovation[1] Coram: Justice Manoj Misra and Justice Vijay Bishnoi Citation: (2026) ibclaw.in 660 SC | Civil Appeal No. 13663/2026 (SLP (C) No. 35915 of 2025) | Decided on 12.10.2026 The Supreme Court has set aside an order of the Delhi High Court appointing an arbitrator under Section 11(6) of the Ar


Supreme court allows set off of extinguished counterclaim in arbitration following CIRP
Supreme Court Approves Set-Off of Extinguished Counterclaims in Arbitration Post-CIRP; Legal Implications Highlighted by adrEdge. The Supreme Court of India, in, examined the interplay between the clean slate principle under the Insolvency and Bankruptcy Code, 2016 (IBC) and the right to raise a counterclaim in arbitration after approval of a resolution plan. The Court upheld the continuation of arbitration proceedings while permitting the appellant to use its extinguished cl


Separate agreements, separate arbitration clauses: Supreme court clarifies the scope of judicial intervention
Supreme Court Clarifies Judicial Scope in Arbitration: Understanding Separate Agreements and Clauses through ADRedge Insights. In Shubham Equipment Pvt. Ltd. and Anr. v. Rothwell Water Company Ltd. and Ors., decided on 8 October 2026, the Supreme Court of India reiterated the principle of minimal judicial intervention at the stage of appointing an arbitrator. The Court examined the effect of separate arbitration clauses in multiple commercial agreements and considered whethe


Supreme court refers to larger bench conflict between section 134 of trade marks act and commercial courts notifications designating civil judges (senior division)
Supreme Court refers the conflict between Section 134 of the Trademarks Act and commercial court notifications designating civil judges (senior division) to a larger bench for resolution. Case Title: I.S.D.S. Pvt. Ltd. and Anr. v. Khemka Food Products Pvt. Ltd. and Anr. Coram: Justice J.B. Pardiwala and Justice K. Vinod Chandran Citation: (2026) ibclaw.in 643 SC (Special Leave Petition (C) No. 6793 of 2026, decided on 21 September 2026) The Supreme Court has referred to a la


Supreme court: High court cannot remit section 37 appeal to arbitral tribunal to be treated as section 17 application, even by consent
Supreme Court Clarifies Limitations: High Court Cannot Remit Section 37 Appeals to Arbitral Tribunals as Section 17 Applications, Even with Consent. Case Title: Union of India and Ors. v. Hariom Projects Pvt. Ltd. Coram: Justice Aravind Kumar and Justice Prasanna Bhalachandra Varale Citation: (2026) ibclaw.in 649 SC (Special Leave Petition (Civil) No. 33087 of 2026, decided on 18 September 2026) The Supreme Court has held that a High Court, while exercising statutory appella


Supreme court: Contractual bar on interest for delayed payments excludes pre-reference interest
Supreme Court Ruling: Contractual restrictions on interest for payment delays do not include pre-reference interest. Case Title: North Eastern Electric Power Corporation Ltd. (NEEPCO) v. Astra Construction Pvt. Ltd. Coram: Justice P.S. Narasimha and Justice Alok Aradhe Citation: (2026) ibclaw.in 646 SC (Civil Appeal No. 13081 of 2026, decided on 22 September 2026) The Supreme Court has held that Clause 54 of the General Conditions of Contract (GCC) bars the grant of pre-refe


Madras high court declines to proceed with section 11 arbitration petition pending NCLAT appeal
Madras High Court pauses Section 11 arbitration proceedings as NCLAT appeal is pending. Jagson Colorchem Ltd. v. Jayapushpam Investments and Trading Pvt. Ltd. High Court of Madras | 1 September 2026 The Madras High Court recently considered whether a petition seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 could proceed while an appeal relating to insolvency proceedings was pending before the National Company Law


When proof matters: Delhi high court on damages and confidentiality in conciliation
Delhi High Court Deliberates on the Importance of Evidence in Conciliation Cases Involving Damages and Confidentiality. Eco Green Buildtech Pvt. Ltd. v. Vikartan Infrastructure Pvt. Ltd. The Delhi High Court, in Eco Green Buildtech Pvt. Ltd. v. Vikartan Infrastructure Pvt. Ltd., examined important issues concerning the award of damages in arbitration and the confidentiality of conciliation proceedings. The judgment highlights that while an arbitral tribunal may use its exper


J&K and Ladakh high court refers family disputes over hotel properties to sole arbitrator on consent, sets aside receiver order
J&K and Ladakh High Court Entrusts Hotel Property Dispute to Sole Arbitrator, Overturns Receiver Decision. Case Title: Mohammad Rafeeq Karnai v. Bashir Ahmad Karnai and Ors. Case No.: Arb P No. 4/2025 c/w CM(M) No. 380/2025 with CM(M) No. 485/2025 Coram: Justice Sanjay Dhar Citation: (2026) ibclaw.in 5275 HC Date of Decision: 08 September 2026 The High Court of Jammu & Kashmir and Ladakh has referred all disputes between five brothers and their mother, arising from a family s


Delhi high court dismisses section 34 challenge, holds limitation not raised before tribunal cannot be agitated for the first time, rejects plea of incapacity
Delhi High Court dismisses Section 34 challenge, affirming that new limitations not raised before the tribunal cannot be introduced, rejecting the plea of incapacity. Case Title: Prime Meiden Ltd. v. Kirby Building System India Pvt. Ltd. Case No.: O.M.P. (COMM) 113/2021 Coram: Justice Jasmeet Singh Citation: (2026) ibclaw.in 5217 HC Date of Decision: 08 September 2026 The Delhi High Court has dismissed a petition under Section 34 of the Arbitration and Conciliation Act, 1996


Delhi high court sets aside rejection of counter-claim on performance bank guarantee, holds proceeds cannot be retained without proving loss
Delhi High Court overturns rejection of a counter-claim on performance bank guarantee, ruling that proceeds cannot be retained without proven loss. Case Title: Isgec Heavy Engineering Ltd. v. Prakash Industries Ltd. Case No.: O.M.P. (COMM) 503/2023 Coram: Justice Avneesh Jhingan Citation: (2026) ibclaw.in 5219 HC Date of Decision: 08 September 2026 The Delhi High Court has set aside the part of an arbitral award that allowed a purchaser to retain the proceeds of an encashed


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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