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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
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
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
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
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
Section 9 arbitration petition maintainable despite prior appointment of arbitrator where tribunal becomes non-functional: Bombay high court
Bombay High Court Rules: Section 9 Arbitration Petitions Maintainable Even if Tribunal Becomes Non-Functional Before Arbitrator Appointment. Case Title: Seetaram Shiva Shetty v. Sudhir Vasu Shetty and Ors. Case Number: Comm. Arbitration Petition (L) No. 24746 of 2026 Citation: (2026) ibclaw.in 4738 HC Coram: Justice Amit Borkar The Bombay High Court has held that a petition under Section 9 of the Arbitration and Conciliation Act, 1996 remains maintainable even after an Arbi
Supreme court: High court justified in setting aside co-operative arbitrator's award where relevant documents were ignored
Supreme Court Affirms High Court's Decision to Overturn Arbitration Award Due to Ignored Documents, Highlighting Judicial Oversight in Arbitration Processes. Case Title: Shri Prakash Narain Sharma (Dead) Through Legal Representative v. Burmah Shell Co-Operative Housing Society (Regd) and Ors. Citation: (2026) ibclaw.in 557 SC Coram: Justice Ujjal Bhuyan and Justice Atul S. Chandurkar The Supreme Court has dismissed a batch of civil appeals arising out of a dispute concerning
Eureka Forbes ltd. v. Indian railway catering and tourism corporation: Reaffirming fairness in arbitral proceedings
A gavel poised above legal documents, symbolizing the case of Eureka Forbes Ltd. vs. Indian Railway Catering and Tourism Corporation, highlighting the reaffirmation of fairness in arbitral proceedings. Citation: Eureka Forbes Ltd. v. Indian Railway Catering and Tourism Corporation, O.M.P. (COMM) 502/2024, Delhi High Court Date of Decision: 12 May 2026 Arbitration has long been regarded as an efficient and party-centric mechanism for dispute resolution. However, the flexibili
Arbitrator's administrative engagements constitute sufficient cause for extension under section 29A: Himachal Pradesh high court
Himachal Pradesh High Court Rules Arbitrator's Administrative Duties Justify Extension under Section 29A. The Himachal Pradesh High Court has held that the administrative preoccupations of an arbitrator who simultaneously holds a senior government office constitute sufficient cause for extending the time limit for passing an arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996. Justice Virender Singh extended the mandate of the Divisional Commissione
Ssangyong engineering and construction company ltd. v. S.B. engineering associates, arbitration appeal nos. 14 of 2023 and 25 of 2023, decided on 22 April 2026 (High court of Madhya Pradesh).
Legal proceedings in progress at a desk with a gavel and scales, representing the High Court of Madhya Pradesh's decision on the Ssangyong Engineering and Construction Company Ltd. vs. S.B. Engineering Associates, Arbitration Appeals. The decision delivered by the High Court of Madhya Pradesh in Ssangyong Engineering and Construction Company Ltd. v. S.B. Engineering Associates marks a significant development in Indian arbitration jurisprudence concerning the appointment of ar
Collaborator bound by joint undertaking is a veritable party to contract, can invoke arbitration clause: Supreme court
A legal professional in a dark suit holding a wooden gavel over an open book next to a golden scale of justice on a desk, featuring a text overlay about the Supreme Court ruling on collaborators and arbitration clauses. Elecon Engineering Company Ltd. v. Bhartiya Rail Bijlee Company Ltd. and Anr. | Civil Appeal No. 7116/2026 | Supreme Court of India | May 7, 2026 The Supreme Court has held that a Collaborator who executes a Deed of Joint Undertaking as an inextricable part of
Arbitral award granting ADC claims despite admitted breach of coverage conditions set aside as patently illegal: Delhi high court
Delhi High Court rules arbitral award granting ADC claims illegal due to breach of coverage conditions, emphasizing legal compliance in arbitration. Corporate Service Plan India Pvt. Ltd. v. Sony India Pvt. Ltd. | O.M.P. (COMM) 410/2023 | Delhi High Court | April 29, 2026 The Delhi High Court has set aside an arbitral award that directed an Accidental Damage Cover service provider to honour claims by Sony India Pvt. Ltd. even after finding that Sony had admitted non-complianc
Incorporation of arbitration clauses by reference: A critical analysis of Hirani Developers v. Nehru Nagar Samruddhi CHS ltd.
Critical Analysis of Arbitration Clauses by Reference: Insights from Hirani Developers v. Nehru Nagar Samruddhi CHS Ltd. The Supreme Court in Hirani Developers v. Nehru Nagar Samruddhi CHS Ltd. & Ors. (2026 INSC 484) revisited an important aspect of arbitration law concerning the incorporation of arbitration clauses by reference under Section 7(5) of the Arbitration and Conciliation Act, 1996. The judgment assumes significance in the context of redevelopment agreements and co
The evidentiary lock-in and the "exceptional circumstance" : Adducing evidence at the section 34 stage
AdrEdge explores the complexities of evidentiary procedures and exceptional circumstances in legal cases, highlighting the nuances of adducing evidence at the section 34 stage. Background In Alpine Housing Development Corporation Pvt. Ltd. v. Ashok S. Dhariwal, (2023) 19 SCC 629, the Supreme Court examined a question that arises with some regularity in contested Section 34 proceedings: can a party that did not participate in the arbitration, and against whom an ex-parte award
One Day Late, One Case Lost: The Supreme Court on the Hard Outer Limit for Challenging Arbitral Awards
Exploring the Supreme Court's Strict Deadline for Challenging Arbitral Awards: "One Day Late, One Case Lost" - A Critical Analysis by adrEdge. Time limits in arbitration law are not mere procedural formalities. The legislature has drawn them tightly, and the Supreme Court of India has consistently refused to permit litigants to stretch them through creative use of the general law of limitation. The decision in State of West Bengal v. Rajpath Contractors and Engineers Ltd., d
An Arbitrator Can Grant Post-Award Interest on the Principal Alone: Supreme Court in Morgan Securities v. Videocon Industries
Supreme Court Ruling on Arbitration: Arbitrators Can Grant Post-Award Interest on Principal Alone in Morgan Securities v. Videocon Industries. A question that has long troubled arbitration practitioners in India concerns the scope of an arbitrator's discretion when awarding post-award interest. Must the arbitrator always apply the statutory rate of eighteen percent on the entire awarded sum, including pre-award interest? Or does the arbitrator retain the freedom to tailor the
The Section 9 Bar: Once a Tribunal is Constituted, the Civil Court Door Shuts
"Exploring the Implications of the Section 9 Bar: Understanding Civil Court Limitations Post-Tribunal Constitution with adrEdge." ArcelorMittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd. | Supreme Court of India | Civil Appeal No. 5700 of 2021 | Decided: 14.09.2021 The moment an arbitral tribunal is constituted, a civil court's power to entertain a fresh application for interim relief is not merely curtailed. It is effectively suspended, unless the applicant can dem
The Section 11 Deadline: Supreme Court Settles the Limitation Clock for Arbitrator Appointment
Supreme Court Decision Clarifies Arbitrator Appointment Deadlines Under Section 11. M/s. Arif Azim Co. Ltd. v. M/s. Aptech Ltd. | Supreme Court of India | Section 11(6), Arbitration and Conciliation Act, 1996 How long does a party have to knock on the court's door when the other side refuses to appoint an arbitrator? The Supreme Court has now answered this with clarity: three years, and not a day more. In a significant ruling that tidies up one of arbitration law's long-stan
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