Arbitration | Execution Of Award Cannot Be Stalled Merely Due To Pendency Of Section 37 Appeal : Supreme Court

The Supreme Court held that the execution of an arbitral award cannot be stalled merely on the ground that an appeal under Section 37 of the Arbitration and Conciliation Act is pending.A bench of Justices Manoj Misra and Ujjal Bhuyan heard the case where the appellant (award-holder/decree-holder) sought execution of the arbitral award. The respondents (judgment-debtors) argued that since...

S.11 A&C Act | Respondent's Letter Seeking Petitioner To Give Up Interest On Outstanding Amount Indicates Ongoing Dispute: Allahabad HC

The Allahabad High Court bench of Justice Jaspreet Singh, while hearing a Section 11 petition under the Arbitration Act, observed that the letter of the Respondent addressed to the Petitioner, requiring them to give up their interest claim on the outstanding amount, showed that the claims were still under consideration. Therefore, the Claims cannot be termed dead, and the Section...

Closure Of Partnership Activities Till Dissolution Of Firm Cannot Be Granted As Interim Relief U/S 9 Of A&C Act: HP High Court

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has observed that an interim relief petition under Section 9, Arbitration and Conciliation Act, 1996 (“ACA”) claiming closure of business and manufacturing activities of the partnership business cannot be granted when the principal dispute pertains to the business activities of that partnership. Granting such a...

Usage Of Disputed Trademark Even After Filing Of Challenge Would Cause Serious Confusion To Public: Delhi High Court

The Delhi High Court division bench of Justice Prathiba M. Singh and Justice Shail Jain, while hearing a Section 37(1)(b) appeal under the Arbitration Act, observed that using the subject brand names after a dispute between the parties can cause enormous confusion to the public. People may associate the Respondent's outlets with the Appellants. Factual Matrix: The parties...

Writ Court Interfering With Every Procedural Order In Arbitral Proceedings Is Contrary To Aim Of A&C Act: Gujarat HC

The Gujarat High Court while dismissing a writ petition filed under Article 226 and 227 of the Constitution observed that the Writ Court can exercise their power only in cases where the only if the order in questions is “completely perverse”, or the order in questions is crippled with “bad faith” or the order in questions falls in the category of “rarest of rare...

Arbitration Monthly Digest: August 2025

Supreme Court Mere Pendency Of Criminal Cases Alleging Simple Fraud No Bar To Arbitration : Supreme Court Cause Title: THE MANAGING DIRECTOR BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION LIMITED & ANR. VERSUS SANJAY KUMAR Citation : 2025 LiveLaw (SC) 778 The Supreme Court has allowed the arbitration proceedings to continue in multi-crore Bihar Public Distribution...

Arbitration Clause In Loan Agreement Becomes Incorporated In Deeds Of Guarantee When Both Form Part Of Single Transaction: Delhi HC

The Delhi High Court Bench of Justice Jasmeet Singh has observed that contemporaneously executed Loan Agreement and Deeds of Guarantee, where the intent of the parties to incorporate the Loan Agreement into the Deeds of Guarantee is clear, the Guarantor although a non-signatory to the Loan Agreement, becomes bound by the arbitration clause in the Loan...

Clause 18 Of Vivad Se Vishwas-II Scheme Is Mandatory If Claim Satisfies Twin Test: Orissa High Court

The Orissa High Court, while hearing an appeal u/s 37 of the A&C Act, a Writ Petition filed by the Respondent for directions to the Appellant to consider the offer made under appeal, observed Vivad se Vishwas II (contractual disputes) scheme (“the scheme”), observed that Clause 18 of the scheme is mandatory in nature. The bench of Justice Sanjeeb K. Panigrahi observed that...

Absence Of Word 'Seat' Does Not Oust Court's Jurisdiction Conferred By Arbitration Agreement: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that absence of the word 'seat' does not strip the court of its exclusive jurisdiction to decide disputes arising out of an arbitration agreement. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking appointment of an Arbitrator for adjudication of disputes...

Counterclaim In Arbitration Cannot Be Allowed After Commencement Of Claimant's Evidence: Calcutta High Court

The Calcutta High Court bench of Justice Hiranmay Bhattacharyya has held that a counterclaim in arbitration proceedings cannot be allowed after the commencement of the claimant's evidence, as doing so would cause serious injustice to the other party. The present petition has been filed under Article 227 of the Indian Constitution against an order passed by Arbitrator by which...

Independent Panel Of Arbitrators Not Curated By Either Party Cannot Be Challenged On Grounds Of Impartiality: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that when the panel of arbitrators from which appointments are to be made is broad-based, comprising retired Supreme Court Judges and other eminent officials, and is independent, not controlled by any party, the other party cannot refuse to abide by the institutional rules it has consciously agreed to, on the ground that the...

Writ Petition Can Be Converted To Appeal U/S 37 Of Arbitration Act If It Does Not Prejudice Respondents: Allahabad High Court

The Allahabad High Court Bench of Justice Manish Kumar Nigam allowed the conversion of a writ petition under Article 227, Constitution of India (“COI”) into an appeal under Section 37, Arbitration and Conciliation Act (“ACA”) noting that where a particular kind of proceeding is not maintainable and a different kind of proceeding lies in respect thereof before the Court, the Court...