Arbitration Can't Be Restricted To Specific Respondents When Agreements Form Part Of Single Commercial Transaction: Delhi High Court

The Delhi High Court bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar held that when an application under Section 8 of the Arbitration Act is filed in opposition to a civil suit, a party cannot later object that the arbitration was intended to apply only to specific respondents, especially when the pleadings indicate that the agreements formed part of a single...

Arbitration Half Yearly Digest 2025- Part 1

Supreme Court High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court Case Title: SEROSOFT SOLUTIONS PVT. LTD. VERSUS DEXTER CAPITAL ADVISORS PVT. LTD. Citation : 2025 LiveLaw (SC) 14 The Supreme Court today criticized the High Court's intervention under its Writ Jurisdiction in the Arbitral...

Member Of Society Can Be Directed To Vacate Premises U/S 9 Of Arbitration Act For Smooth Redevelopment: Bombay High Court

The Bombay High Court bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne held that a member of a society can be directed to vacate the premises occupied by them under Section 9 of the Arbitration Act to ensure smooth redevelopment, if they act contrary to the terms of the Development Agreement These Appeals have been filed under Section 37 of the Arbitration and...

Delhi High Court Upholds Arbitral Award Of About ₹229.5 Crores Against NHAI As 'Termination Payment'

The Delhi High Court bench of Justice Jasmeet Singh has upheld an Arbitral Award directing the National Highways Authority of India (“NHAI”/”Petitioner”) to deposit ₹229.50 crores as Termination Payment into the Escrow Account along with interest and costs. The court reiterated that the scope of judicial interference under Section 34 of the Arbitration and Conciliation Act, 1996...

Direction Of Disclosure Or Attachment Of Assets Cannot Be Passed Against A Person Who Is Not A Party To The Arbitral Award: Bombay HC

The Bombay High Court has held that a foreign arbitral award cannot be enforced against a person who was not a party to the arbitration proceedings. It ruled that forcing such a person to disclose assets or face coercive enforcement would be without jurisdiction under Part II of the Arbitration and Conciliation Act, 1996.Justice Somasekhar Sundaresan passed the ruling while allowing two...

Parties Can't Be Barred From Performing Contractual Obligations In Final Partial Award When It Remains In Force: Delhi HC

The Delhi High Court bench of Justice Jasmeet Singh has held that parties cannot be prevented from performing their contractual obligations as interpreted in the Final Partial Award, especially when both the Final Partial Award as well as the contract interpreted therein have not been stayed and remain in force. The present appeal has been filed under section 37 of the Arbitration...

Bar Against Even Number Of Arbitrators Is Not Attracted In Case Of Statutory Arbitration U/S 18(3) Of MSMED Act: Calcutta HC

A division bench of Calcutta High Court comprising Justices Uday Kumar and Sabyasachi Bhattacharya in a notable judgment has observed that the bar restricting the number of arbitrators to even numbers, which is applicable when the parties themselves appoint arbitrators under the Arbitration and Conciliation Act (“ACA”), is not attracted to a statutory arbitration under Section...

Party Can't Evade Two-Tier Arbitration By Questioning Authority Of Appellate Tribunal To Dismiss Appeal On Grounds Of Limitation: Madras HC

The Madras High Court bench of Justice Abdul Quddhose has held that once the petitioner chooses to file the appeal instead of directly approaching the Court under Section 34 of the Arbitration Act, the petitioner cannot wriggle out of the two-tier arbitration, by stating that they were not given an opportunity by the Appellate Tribunal to prosecute the appeal on grounds of...

Legal Heir Of Partner Can Seek Reference To Arbitration When Deed Provides For Partnership To Continue After Partner's Death: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has observed that where a partnership deed provides that the heir of the deceased shall inherit the share and the partnership will continue, then the legal heir can seek reference of disputes to arbitration based on the arbitration clause in the deed of partnership. The Court highlighted that for non-signatories to be made a party...

Issues Of Misjoinder Of Parties & Incorporation By Reference Fall Within Purview Of Arbitral Tribunal: Calcutta High Court

The Calcutta High Court Bench of Justice Shampa Sarkar, while allowing an application for appointment of arbitrator has observed that the issues of misjoinder/non-joinder of parties and whether the arbitration clause contained in the principal agreement was incorporated by reference in a subsequent agreement by the successors-in- interest would fall within the domain of the...

Mandate Of Arbitrator Can Be Terminated For Delay In Passing Award Despite Absence Of Automatic Termination Clause In NSE Bye-Laws: Delhi HC

The Delhi High Court bench of Justice Jasmeet Singh has held that although the National Stock Exchange (NSE) Bye Laws do not provide for the automatic termination of the Arbitrator's mandate after the expiry of the time period stipulated under Bye Law 7(b) of the NSE Bye Laws, the mandate of the Arbitrator can be terminated by the Relevant Authority if the Arbitrator fails to pass the...

Amendment To Bring Additional Grounds U/S 34 Of A&C Act Is Maintainable If Objections Are Not Beyond Judicial Scrutiny Of Court: Delhi HC

The Delhi High Court bench of Justice Manoj Kumar Ohri while hearing amendment petition filed u/s 34 of the A&C Act observed that the omission to plead a ground of challenge in the original Section 34 petition pertaining to non-adherence to the mandatory procedure of Section 29A would not oust the jurisdiction of the Section 34 Court to scrutinize the same. The Court held that...