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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
Section 34 court can correct computational errors in arbitral award without merits review, applying Gayatri Balasamy: Bombay high court
Bombay High Court Rules: Section 34 Courts Can Correct Computational Errors in Arbitral Awards Without Merits Review, Following Gayatri Balasamy. Case Title: Themis Medicare Ltd. v. Mohinder Pal Singh Anand and Anr. Case Number: Arbitration Petition No. 322 of 2018 with Interim Application No. 3410 of 2026 Citation: (2026) ibclaw.in 4895 HC Coram: Justice Sharmila U. Deshmukh The Bombay High Court has partly allowed a petition under Section 34 of the Arbitration and Conciliat
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
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
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
Award In favour of appellant not severable from portion set aside for patent illegality: Karnataka high court
Karnataka High Court Rules: Appellant's Award Nullified Due to Patent Illegality Integration. Case Details Case Title: Krishna Murthy Constructions v. Perfect Electricals and Ors. Coram: Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha The Karnataka High Court has held that where the principal claim awarded in favour of a party is found to be patently illegal, the award is not severable and the entire award is liable to be set aside under Section 34 of the Arbitration a
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