Composite Reference To Arbitration Can Be Made For Acceptance Of Offer At Consolidated Price Across Different Locations: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that the very acceptance of an offer at a consolidated price for works to be executed at different locations proves that the work orders issued were treated as part of a single transaction by the parties through their conduct therefore under such circumstances a composite reference of all work orders can be...

Arbitral Award For Claims Not Included In IBC Resolution Plan Can't Be Enforced: Supreme Court

The Supreme Court recently allowed an appeal challenging the enforcement of an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) against Electrosteel Steels Ltd., holding that the award was non-executable in view of the resolution plan approved under Section 31 of the Insolvency and Bankruptcy Code (IBC), 2016.“we have no hesitation to hold that upon...

No Interim Relief U/S 9 Of A&C Act Without Exceptional Circumstances After Conciliation Fails & Arbitration Starts Under MSME Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that once conciliation fails under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), the Council may either conduct the arbitration itself or refer the matter to an arbitral institution. As per Section 18(3) of the MSME Act, the provisions of the Arbitration and Conciliation Act, 1996 (Arbitration...

Dispute Over Land Mutation Arising From Settlement Agreement Can Be Referred To Arbitration: P&H High Court

The Punjab and Haryana High Court bench of Justice Vikram Aggarwal has held that a dispute concerning the mutation of land arising from a Memorandum of Settlement entered into between the parties containing an arbitration clause is considered a dispute in personam especially when it does not affect third-party rights. Such disputes are arbitrable and should be referred to arbitration...

Deletion Of Names Through Chamber Summons Does Not Render Appeal U/S 50(1)(B) Of A&C Act As Not Maintainable: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and M.M. Sathaye has observed that when a common arbitration petition seeking recognition, enforcement and execution of a foreign award is declined against all the respondents, the mere fact that some respondents had successfully filed chamber summons seeking deletion of their names would not render the appeal filed...

Appointment Of Arbitrator By GM Of Metro Rail In Dispute Between Railways & Contractor Is Barred U/S 12(5) Of Arbitration Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that the appointment of an arbitrator by the General Manager of Metro Railways in a dispute between Metro Railways and the contractor is barred by Section 12(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Therefore, the General Manager cannot be permitted to appoint the arbitrator. Brief...

Unilateral Option To Terminate Arbitration Agreement Does Not Render It Illegal: Bombay High Court

The Bombay High Court Bench of Justice Somasekhar Sundaresan while disposing an application for appointment of arbitrator has observed that an arbitration clause which gives option to only one party to opt out of the arbitration agreement is not invalid per se. Such arbitration agreement can be saved by eliminating the unilateral option or by making such right...

Delhi Govt Announces Deletion Of Arbitration Clauses From All Future PWD Contracts

The PWD of the Government of National Capital Territory of Delhi by notification dated April 21st, 2025, has announced the deletion of Arbitration clause from future contracts. The notification stated that the Arbitration Clause (Clause 25: Settlement of Disputes & Arbitration), which deals with the settlement of disputes by way of arbitration, shall not be a part of the GCC in...

Arbitration Weekly Digest [7th April-14th April 2025]

High Courts Bombay High Court No Bar On Arbitrator To Allow Withdrawal Of Claims Provided Legitimate Interests Of Other Party Are Not Prejudiced: Bombay High Court Case Title: Central Depositories Services (India) Limited. Vs. Ketan Lalit Shah and Ors. Citation: 2025 LiveLaw (Bom) 144 The Bombay High Court bench of Justices Revati Mohite Dere and Dr. Neela Gokhale...

Grant Of Post-Award Interest U/S 31(7)(B) Of A&C Act Is Mandatory, Arbitrator's Discretion Limited To Rate Of Interest: Delhi HC

The Delhi High Court bench of Justice Ravinder Dudeja has held that the grant of post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (“the Act”) is mandatory. The only discretion which the Arbitral Tribunal has is to decide the rate of interest to be awarded. Where the Arbitrator does not fix any rate of interest, then statutory rate, as...

Whether IRCTC's Revised Menu Alters Original Contract With Arbitration Clause Is For Arbitrator To Decide, Falls Outside Court's Jurisdiction: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that whether the subsequent revision of the original menu by IRCTC form part of the original contract containing an arbitration clause is a matter to be decided by the Arbitrator. Such an issue falls outside the limited scope of the Court's jurisdiction under Section 11(6) of the Arbitration and Conciliation Act,...

Objections To Terms Of Redevelopment Agreement Can't Be Adjudicated By Court U/S 9 Of Arbitration Act: Bombay HC

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that objections related to the terms of the redevelopment agreement raised by members of the society can be decided only by the appropriate forum having jurisdiction over such issues. These matters cannot be adjudicated under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief...