Arbitration and Conciliation Act, 1996

The appellant and Eastern Coalfields Limited entered into a contract for transportation of goods that contained Clause 13, which the appellant claimed was an arbitration agreement. The appellant filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator, …

SBI General Insurance issued a fire insurance policy to Krish Spinning, which settled the first fire claim by a discharge voucher and payment of Rs 84,19,579. Krish Spinning later disputed the quantum of the settlement, alleging coercion, and invoked the arbitration clause in the policy by filing a Section 11(6) applic…

The parties entered into a 2012 contract for the supply of sub‑machine guns, after which the Ministry of Defence encashed a bank guarantee and deducted liquidated damages in September 2016. The petitioner claimed the dispute should be resolved by arbitration and, after a series of bilateral discussions, issued a notice…

BBR (India) Private Limited and S.P. Singla Constructions entered into a contract containing an arbitration clause that did not specify a seat. The first arbitrator fixed the place of proceedings at Panchkula, Haryana, which the Court treated as the jurisdictional seat under Section 20(2) of the Arbitration and Concili…

The Supreme Court considered an appeal by the Madhya Pradesh Rural Road Development Authority challenging a High Court order that had invoked Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate a dispute. The dispute concerned the applicability of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1…

The State of Chhattisgarh appealed against an order of the High Court that had directed the parties to approach the Arbitration and Conciliation Act, 1996 for resolution of a dispute with M/S KMC Construction Limited. The Supreme Court examined whether the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (MP Act) c…

The East Central Railways awarded a risk‑and‑cost tender to Tantia Construction for a rail over‑bridge. Subsequent design changes required an extended viaduct, increasing the work and cost. The contractor refused to undertake the additional work, which was not covered by the original agreement, and the Railways attempt…

Disortho S.A.S., a Colombian company, and Meril Life Sciences, an Indian company, entered an International Exclusive Distributor Agreement for medical products in Colombia. Clause 16.5 of the agreement states that Indian law governs the contract and Gujarat courts have jurisdiction, while Clause 18 provides for concili…

MMTC Ltd., a consignment agent for Vedanta Ltd., supplied copper rods to Hindustan Transmission Products Ltd. (HTPL) under an amended agreement and failed to collect and remit payment, prompting Vedanta to invoke the arbitration clause of their 1993 agreement. The arbitral tribunal awarded Vedanta a sum of money, which…

The Union of India entered into a contract with PAM Development for constructing an industrial loco shed, which was later terminated for delay and inferior work. The contractor invoked an arbitration clause, and the Calcutta High Court appointed a former judge as sole arbitrator under Section 11(6) of the Arbitration a…

The case arose from an arbitration award directing the Andaman and Nicobar Administration to pay a contractor a sum with interest. The Executive Engineer (appellant) wrote letters to the contractor seeking to adjust the award by having the contractor accept only the principal amount and waive interest, invoking Order X…

Maharashtra State Electricity Distribution Co. Ltd. (MSEB) awarded a contract to Datar Switchgear Ltd. (DSL) for installing Low Tension Load Management Systems. MSEB repeatedly failed to provide the list of locations (DTC lists) required for installation and also delayed renewal of the Letter of Credit. DSL terminated …

The North Delhi Municipal Corporation (appellant) contracted with M/s S.A. Builders Ltd. (respondent) for construction work, which was not completed and led to a dispute. An arbitrator awarded Rs. 1,70,70,720.80 with simple interest and later issued a clarification on 15 March 2005 regarding post‑award interest, after …

The case involved an international commercial arbitration under a Long‑Term Agreement for the supply of coking coal between Anglo American Metallurgical Coal Pty Ltd (appellant) and MMTC Ltd (respondent). The arbitral tribunal held that MMTC breached the contract by failing to lift 454,034 MT of coal at the agreed pric…

The Central Organisation for Railway Electrification (CORE) terminated a Rs 165‑crore work contract with M/s ECI‑SPIC‑SMO‑MCML (JV) and the contractor invoked the arbitration clause. The parties' contract and the modified Clause 64 of the General Conditions of Contract required a three‑member arbitral tribunal drawn fr…

International Amusement Ltd (operator of "Appu Ghar") held a licence from the India Trade Promotion Organisation (ITPO) to occupy land in Pragati Maidan. Clause 28 of the licence agreement provided that any dispute would be referred to arbitration by the Chairman of ITPO or his nominee. After the licence expired, ITPO …

Konkan Railway Corporation Limited (the appellant) entered into a lump‑sum contract with Chenab Bridge Project Undertaking (the respondent) for constructing a high‑altitude railway bridge. Disputes arose over increased entry tax and toll tax during execution, leading to a standing arbitral tribunal which rejected the r…

The plaintiff, RAKHEJA ENGINEERS, filed a commercial suit for recovery of money without seeking urgent interim relief. The defendant, M/S. PATIL AUTOMATION, moved to reject the plaint under Order VII Rule 11 of the CPC, arguing that the suit violated Section 12A of the Commercial Courts Act, 2015, which mandates pre‑in…

The appellants and respondents are beneficiaries of a family trust created by a deed that contains clause 20, which purports to refer any disputes among beneficiaries to arbitration under the Indian Arbitration Act, 1996. The respondents filed an application under Section 11 of the Arbitration and Conciliation Act, 199…

The appellant, Sonali Power Equipments, supplied transformers to the Maharashtra State Electricity Board between 1993 and 2004 and faced delayed payments. It referred the dispute to the Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act, obtaining an award in 2010, which the respondents …

The Indian Oil Corporation (IOC) terminated the dealership of T. Natarajan for alleged breaches, leading to arbitration which upheld the termination but gave the dealer liberty to seek reconsideration. The dealer filed a representation for restoration, which IOC rejected; the dealer then filed a writ petition. The Sing…

Power Machines India Ltd obtained an arbitral award under the Micro, Small and Medium Enterprises Development Act, 2006 directing it to pay a sum to Lakshmi Engineering Industries. The State of Madhya Pradesh, invoking Rule 5 of the Madhya Pradesh MSME Facilitation Council Rules, 2006, sought recovery of the award amou…

The appellant, M/s. Soma Isolux NH One Tollway Pvt. Ltd., entered into a BOT concession agreement with the National Highways Authority of India (NHAI) to construct, operate and maintain a six‑laning of NH‑1. The High Court, while entertaining a public‑interest writ, cancelled the concession agreement, imposed heavy fin…

IRCON entered into a construction contract with NBCC for a railway station‑cum‑commercial complex. NBCC failed to complete the work and the work was abandoned, prompting IRCON to terminate the contract under clause 60.1. NBCC invoked the arbitration clause; the Arbitral Tribunal held the termination under clause 60.1 i…

Black Pearl Hotels (Pvt) Ltd. entered into a "conducting agreement" with M/s Planet M Retail Ltd. and later sought arbitration under the Arbitration and Conciliation Act, 1996. The High Court Judge, invoking s.33(2)(b) of the Karnataka Stamp Act, 1957, referred the matter to the Registrar to determine whether the instr…

Mahindra & Mahindra Financial Services Ltd obtained an arbitral award on 28‑Feb‑2011 in its favour, which was dispatched by registered post on 15‑Mar‑2011 but was refused by the respondent, who finally received it on 23‑Mar‑2011. The appellant filed an execution petition on 27‑Jun‑2011; the respondent filed a petition …

The appeal concerned a dispute between Govind Rubber Ltd. (appellant) and Louids Dreyfus Commodities Asia Pvt. Ltd. (respondent) over two sales contracts for natural rubber that contained an arbitration clause referring disputes to the Singapore Commodity Exchange. The appellant argued that no valid arbitration agreeme…

The appellant bank granted a loan to a partnership firm which defaulted, leading to a Lavad suit under the Gujarat Co-operative Societies Act, 1961. An award was passed in 1988 and a certificate under Section 103 was issued in 1995, creating a deemed decree. The bank filed an execution petition in 1995, which was withd…

The petitioner, a Thai joint venture, entered into a contract with the respondent, an Indian company, for the sale of aluminium ingots, which contained an arbitration clause. The respondent contested the petition for appointment of an arbitrator, arguing that the contract was not signed by an authorized person and that…

The dispute involved the A.P. Power Coordination Committee and related entities (appellants) and M/s. LanCo Kondapalli Power Ltd. (respondent) over capacity‑charge bills and a claim for reimbursement of Minimum Alternate Tax (MAT) under their Power Purchase Agreement (PPA). The key questions were whether the Limitation…

The appeal arose from a dispute where the parties, after settling most issues in a suit, referred two remaining differences to arbitration before a retired Supreme Court judge. The arbitrator resigned, and the respondent sought a substitute arbitrator. The High Court appointed a retired judge as a substitute under Sect…

The Government of India appealed a Delhi High Court order that allowed Vedanta Ltd. and its affiliates to enforce a foreign arbitral award under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996. The Court examined the applicable limitation period for filing an enforcement petition, the scheme of the 199…

Balasore Alloys Ltd filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator based on Clause 7 of 37 purchase orders. Medima LLC contended that the parties were bound by an earlier ‘Umbrella’ (Pricing) Agreement dated 31‑03‑2018, which contain…

The Union of India entered into a construction contract with U.P. State Bridge Corp. Ltd. that contained an arbitration clause under the General Conditions of Contract 2001, Clause 64. An arbitral tribunal of Railway officers was constituted in 2007 but failed to complete the proceedings for four years due to transfers…

The appellant, Terapalli Dyvasahata Kumar, filed a petition under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, seeking declarations and injunctions concerning the management of a society. The District Court allowed the petition, holding that "District Court concerned" should be interpreted using t…

The dispute involved Dani Wooltex Corporation (appellant) and Sheil Properties (respondent) arising from parallel arbitrations concerning a development agreement and a memorandum of understanding. While the arbitration concerning Marico Industries concluded with an award in 2017, the arbitration concerning Sheil's clai…

The appellant and respondent No.1 formed an LLP governed by an agreement containing an arbitration clause (Clause 40). Disputes arose over the ITF project, and the appellant issued a Section 21 notice of arbitration only to respondent No.1 and filed a Section 11 application appointing an arbitrator, also only naming re…

The petitioners, IBI Consultancy India Private Limited and its parent IBI Group, entered into six contracts with DSC Limited for toll and traffic management systems on two highway projects. The contracts contained an arbitration clause stipulating that disputes be referred to an independent arbitrator in Delhi. After t…

Ashapura Mine‑Chem Ltd. and Gujarat Mineral Development Corporation (GMDC) entered into a Memorandum of Understanding (MoU) in 2007 to set up a joint venture for an alumina plant. The MoU contained arbitration clauses (Clauses 26 and 27) requiring bilateral settlement first and, failing that, referral to a sole arbitra…

The case concerned whether an arbitrator could award pendente lite interest when the underlying contract expressly barred interest on delayed payments. The dispute arose from a construction contract between the Union of India and M/s. Ambica Construction, which had undergone multiple arbitrations and court intervention…

Vodafone Idea Cellular Ltd. filed a consumer complaint alleging over‑charging for mobile services, which the consumer, Ajay Kumar Agarwal, pursued before the District Consumer Disputes Redressal Forum. The appellant argued that Section 7B of the Telegraph Act, 1885, which mandates arbitration for disputes concerning te…

The State of Maharashtra, through its Executive Engineer, challenged an arbitral award dated 12 May 2012, filing applications under Section 34 of the Arbitration Act before the District Judge, Thane, while Atlanta Limited filed a petition before the High Court of Bombay on the same day. The High Court ordered the trans…

Farmers who bought foundation seeds from National Seeds Corporation (NSC) alleged crop failure due to defective seeds and sought compensation under the Consumer Protection Act, 1986. NSC contended that the Seeds Act, 1966 was a special law that exclusively governed seed quality disputes, that the growers were not "cons…

The appellants, heirs of the late Shivkumar Daga, filed a civil suit seeking declaration that a conveyance deed of 17‑12‑2019 and several development agreements were void. The respondents moved a Section 8 application under the Arbitration and Conciliation Act, 1996, relying on arbitration clauses in two earlier Tripar…

Jharkhand Urja Vikas Nigam Ltd, the successor to Jharkhand State Electricity Board, entered into a contract with M/s Anamika Conductors Ltd for supply of conductors. The supplier, claiming payment, approached the Rajasthan Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act. The Council i…

Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing Clause 14, which provided for a two‑tier arbitration: first before the Indian Council of Arbitration and, if dissatisfied, a second "appeal" arbitration in London under ICC rules. A dispute arose; the Indian arbitrator gave a…

An interlocutory application was filed by SSANG YONG Engineering & Construction Co. Ltd. seeking clarification and correction of several clerical errors in the Supreme Court's judgment dated 1 September 2011 in Civil Appeal No. 7562 of 2011. The applicant contended that paragraph 35 incorrectly stated that the SIAC Rul…

The petitioner sought enforcement of a Singapore arbitral award of about Rs.3,500 crore against respondents who owned Fortis Healthcare. The Supreme Court had earlier ordered a status‑quo on 11 August 2017, clarified on 31 August 2017 and modified on 15 February 2018, prohibiting any change in the shareholding of Forti…

The dispute concerned benefits under a retirement deed and a partnership deed of a beedi‑manufacturing firm, both containing arbitration clauses. The defendants filed an application under Section 8(1) of the Arbitration and Conciliation Act, 1996 seeking to refer the matter to arbitration, but did not attach the origin…

Leela Hotels Ltd. entered into a sub‑lease with HUDCO for a hotel project, which was later cancelled, leading to arbitration. The arbitrator awarded HUDCO to pay Leela Hotels a principal sum plus interest. HUDCO deposited Rs 89.78 crores, claiming it was towards the principal, while Leela Hotels argued it should first …

Sumer Builders Pvt. Ltd. entered into a development agreement and MoU with Narendra Goran for a land parcel in Indore. After disputes over payment and possession, the respondent terminated the agreements and invoked the arbitration clause. The developer applied to the Bombay High Court for interim relief under Section …

The appellant, M/s Interstate Construction, executed work orders for a power project for the respondent, NPCC, and later disputed certain recoveries, leading to arbitration. The arbitral tribunal awarded the appellant principal sum plus interest, distinguishing pre‑reference, pendente‑lite and future interest periods. …

The appellant, Gayatri Project Ltd., entered into a works contract with the Madhya Pradesh Road Development Corporation and invoked arbitration under Clause 67.4 of the contract, resulting in a 2011 award in its favour. The respondent challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996, …

The Jammu & Kashmir Economic Reconstruction Agency (JKERA) engaged Rash Builders for four road projects in J&K, but contractual disputes led the contractor to invoke arbitration. The parties, with the arbitrator’s consent, fixed Srinagar as the seat of arbitration and New Delhi as the venue, later appointing a new sole…

The appellant, Booz‑Allen & Hamilton Inc., sought to refer a mortgage suit filed by SBI Home Finance Ltd. to arbitration under clause 16 of a tripartite deposit agreement. The High Court rejected the application, holding that the dispute was not covered by the arbitration clause, that the appellant had waived its right…

The Supreme Court examined a dispute between M/s Modern Industries (supplier) and Steel Authority of India Ltd. (buyer) concerning a balance payment and interest under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (as amended 1998). The buyer alleged breach of contract …

The Secunderabad Cantonment Board entered three contracts with M/s B. Ramachandraiah & Sons that contained arbitration clauses. After final payments were made in early 2003, the contractor sought reimbursement for price variations and, in November 2006, demanded the appointment of an arbitrator, reiterating the demand …

The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the High Court applied the …

The appellant, a coal buyer, entered into several sale orders under Coal India Ltd.'s 2007 e‑auction scheme, which contained an arbitration clause (Clause 11.12). After the appellant was deemed to have breached the scheme and his earnest money deposit was forfeited, he invoked the arbitration clause, but the respondent…

The appeal concerned a custody dispute over a child born to Perry Kansagra and Smriti Madan Kansagra. After mediation failed, the High Court had held that the mediator’s and counsellor’s reports were confidential and could not be used, and later set aside that decision on review. The Supreme Court held that the High Co…

Sundaram Finance Ltd. granted a loan to Abdul Samad, who defaulted, leading to arbitration under the loan agreement. An ex parte award of Rs.12.69 lakh was made, and Sundaram sought execution of the award in the Morena court, which dismissed the application for lack of jurisdiction, directing the appellant to first obt…

The State of Haryana awarded a road‑maintenance contract to M/s. Shiv Shankar Construction Co. for Rs 5.26 crore at a rate of Rs 1,000 per km per month, assuming traffic of 3,364 PCU/day. After the closure of a nearby road, traffic on the contract road surged to 24,418 PCU/day, causing additional maintenance costs. The…

The Supreme Court of India addressed two interconnected issues: whether landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable, and the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. The case arose from a tenancy agreement containing an ar…

The State of Jharkhand appealed against an award made by an arbitrator appointed by the Supreme Court, contending that the Court could not entertain an application to make the award a rule of court merely because it retained seisin over the arbitration. The Supreme Court examined the scope of Section 31(4) of the Arbit…

Mears Group Inc., a US company, entered into a contract with Fernas Insaat A.S., a Turkish firm, to perform horizontal directional drilling for a pipeline project in Bangladesh. The work order contained an arbitration clause requiring disputes to be referred to a sole arbitrator appointed by mutual consent, with procee…

Greaves Cotton Ltd entered into a contract with United Machinery & Appliances that contained an arbitration clause. United Machinery filed a civil suit for loss and damage, and Greaves sought an eight‑week extension to file its written statement while invoking the arbitration clause. The respondent objected, arguing th…

WAPCOS Ltd entered into a contract with Salma Dam Joint Venture (SDJV), a 95%-5% joint venture of SSPPL and AIL, for the reconstruction of the Salma Dam. After the original contract’s arbitration clause, the parties executed an Amendment of Agreement (AoA) on 9 June 2015, which expressly stated that no further claims w…

The Union of India (Railways) awarded civil engineering contracts to Pradeep Vinod Construction Company, which later claimed additional payments despite having signed final bills and supplementary agreements indicating full settlement. The contractor invoked the arbitration clause in Clause 64 of the General Conditions…

P.E.C. Limited chartered a vessel from Austbulk Shipping and a dispute arose over freight and demurrage. The parties had an arbitration clause in the charter party, and a sole arbitrator awarded US$150,362.18 to Austbulk. P.E.C. filed a petition for enforcement of the foreign award in the Delhi High Court, objecting th…

Powertech World Wide Ltd., an Indian company, entered into a purchase contract with Delvin International General Trading LLC, a UAE company, which contained an arbitration clause stating that disputes would be settled amicably or through an arbitrator in India/UAE. After the respondent failed to pay outstanding dues de…

Essar Steel deposited roughly Rs 35 crore and Rs 47 crore as refundable security deposits with Essar House Private and Essar Services respectively. After Essar Steel entered corporate insolvency resolution, the resolution applicant Arcelor Mittal Nippon Steel (Arcellor) sought repayment of those deposits and filed Sect…

Arcelor Mittel Nipp​on Steel India Ltd. and Essar Bulk Terminal Ltd. entered into a cargo‑handling agreement containing an arbitration clause. The appellant invoked the clause, the respondent claimed the dispute was non‑arbitrable and filed Section 9 applications for interim relief in the Commercial Court. While the Hi…

The petitioners, a Chinese elevator guide‑rail manufacturer, filed an arbitration petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator pursuant to Clause 15 of their 2014 Commission Processing Contract with the respondents, an Indian partnership. Claus…

The appellants and respondents, both claiming to be trustees of a charitable trust, were involved in a dispute that led the respondents to file a suit for perpetual injunction. The trial court dismissed the suit under Section 92 of the CPC, prompting an appeal during which the parties agreed to arbitration and later ac…

The appellant (KCPL) challenged a Section 9 petition filed by the respondent (Vijay Nirman) which sought to treat an arbitral award as an undisputed operational debt. The award, favouring the respondent, was under challenge in a Section 34 petition under the Arbitration and Conciliation Act. The Supreme Court held that…

The Union of India filed a money suit of over Rs 8.73 crore in a Commercial Court in August 2019 without first complying with the pre‑institution mediation requirement of Section 12A of the Commercial Courts Act, 2015. The defendant, Dhanbad Fuels Pvt. Ltd., raised a preliminary objection and sought rejection of the pl…

Prakash Corporates filed a money suit against Dee Vee Projects Limited on 21‑12‑2020. The defendant failed to file a written statement within the 30‑day period and sought extensions, which were granted up to 15‑04‑2021, but the 120‑day deadline fell on 06‑05‑2021. The trial court and the High Court refused further exte…

The appellants, a charitable trust, entered into a 38‑year lease deed with the respondents for development of trust land. The lease deeds of 1996 and 1997 were neither registered nor sufficiently stamped under the Karnataka Stamp Act, 1957, and the respondents failed to pay the deficit stamp duty and penalty directed b…

Voltas Ltd. and Rolta India Ltd. entered into civil construction contracts which later gave rise to disputes and termination. The appellant invoked the arbitration clause in 2006, after which the respondent filed a counter claim of Rs.333.73 crores in 2011. The key issue was whether the counter claim was barred by limi…

The parties to a joint venture executed an Intellectual Property License Agreement (IPLA) containing an arbitration clause, but the appellants argued that the IPLA was not a concluded contract and therefore no arbitration agreement existed. The Supreme Court held that the arbitration clause is separable from the underl…

The Supreme Court examined whether an arbitration agreement embedded in an unstamped or insufficiently stamped contract is void, unenforceable, or merely inadmissible under the Indian Stamp Act. It held that such agreements are only inadmissible as evidence under Section 35 of the Stamp Act and that non‑stamping is a c…

Welspun Specialty Solutions Ltd. (formerly Remi Metals Gujarat Ltd.) supplied steel casing pipes to ONGC under four purchase orders that contained a liquidated damages clause for delayed delivery. During performance, ONGC granted several extensions and later deducted US$807,804.03 and Rs.1,05,367 as liquidated damages,…

The dispute arose from a contract for the supply of wooden batons. The arbitrator rejected the respondents' claim for payment and the security deposit. The respondents filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, which the District Judge dismissed. The appellants appealed to the High…

The Oriental Insurance Co. issued a fire insurance policy to Dicitex Furnishing Ltd., which suffered a total loss of stock in 2012. After a protracted assessment process, the insurer eventually offered a settlement of Rs 7.16 crore, far less than the claim of over Rs 14 crore, and conditioned further payment on Dicitex…

The parties obtained an ICC arbitral award in London ordering RioGlass Solar to pay Shriram EPC Ltd €4.36 million. Shriram filed a petition under Section 47 of the Arbitration and Conciliation Act, 1996 to enforce the foreign award in India, while RioGlass contended that the award was unenforceable because it had not b…

The Supreme Court examined an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator in a dispute arising from a purchase contract for iron ore. The contract required a minimum 63% Fe content and contained a price‑adjustment clause and an arbitration clause mandating…

The case arose from an oral family settlement reduced to a Memorandum of Understanding/Family Settlement Deed (MoU/FSD) signed by Pawan Gupta (PG) and Kamal Gupta (KG) but not by KG's son Rahul Gupta (RG). PG and others filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointme…

The National Highways Authority of India (NHAI) entered into a concession agreement with Gwalior Jhansi Expressway Limited (GJEL) to widen NH‑75. GJEL failed to complete the work, leading to arbitration. Both parties filed Section 17 applications before the arbitral tribunal seeking interim relief. The tribunal allowed…

The appellant, a landowner of 15.53 acres, disputed a Memorandum of Understanding (MoU) dated 27‑05‑2013 that the respondents claimed required him to sell half the land. The respondents filed an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator …

Northern Coalfield Ltd., a government-owned corporation, entered into two contracts with Heavy Engineering Corp. Ltd. which contained an arbitration clause. Disputes were referred to the Government's "permanent machinery of arbitration" and awards were made, which Northern Coalfield challenged before the Law Secretary …

The appellant, a MSME supplier based in Delhi, entered into a contract with ISRO for construction of staff quarters, which contained a clause fixing Bengaluru as the seat of arbitration. Disputes arose and the supplier invoked the Micro, Small and Medium Enterprises (Development) Act, 2006, prompting the Delhi Facilita…

Eitzen Bulk A/S and Ashapura Minechem Ltd entered into a charter party that contained an arbitration clause specifying London as the seat and English law as the governing law. A dispute arose and was arbitrated in London, resulting in an award against Ashapura. Ashapura sought to set aside the award in India under Sect…

Inox Renewables Ltd entered into a purchase order with Jayesh Electricals Ltd containing an arbitration clause that designated Jaipur as the venue of arbitration. The parties later mutually agreed to shift the arbitration venue to Ahmedabad, which the arbitrator recorded in the award. A Section 34 petition was filed in…

The Union of India entered into a reconstruction contract with M/s. Simplex Infrastructures Ltd, which it later rescinded alleging delay. An arbitrator held the rescission illegal and awarded payment to the respondent. The Union filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set asid…

Shinhan Bank entered a Leave and Licence agreement and a contemporaneous Amenities agreement with Carol Info Services for office premises. After termination, the parties disputed the refund of security deposits and alleged fees, and the bank invoked an arbitration clause contained in the Amenities agreement. The respon…

The Bar Council of India appealed against orders allowing foreign law firms and lawyers to operate in India, arguing that the Advocates Act, 1961 restricts the practice of law to advocates enrolled with the Bar Council, covering both litigation and non‑litigation work. The Supreme Court examined whether foreign entitie…

The respondent, Universal Tractor Holding LLC, sold its 49% share in Beever Creek Holdings to Escorts Agri Machinery Inc., a subsidiary of the petitioner, for $1.2 million payable in four installments. After Escorts AMI defaulted on the last two installments, the respondent sued in a North Carolina court, which entered…

The Supreme Court dismissed the appeals of Vijay Karia and others against the Bombay High Court’s order enforcing four LCIA awards arising from a joint‑venture dispute with Prysmian Cavi E Sistemi SRL. The Court held that none of the grounds pleaded under Section 48 of the Arbitration and Conciliation Act, 1996 – inclu…

The appellants, Arasmeta Captive Power Co. and another, entered into power purchase agreements with the respondent, Lafarge India, which contained a clause (9.3) defining "billing disputes" as excepted matters to be resolved by an expert committee, and a dispute resolution clause (16.2) prescribing arbitration only if …

The landlord filed a civil suit seeking eviction of the premises leased to the defendant, Himangni Enterprises. The lease deed contained an arbitration clause, prompting the defendant to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the dispute to arbitration. The trial cour…

The appellant Sanjeev Kumar Jain appealed against a Delhi High Court order that awarded the respondents Rs 45,28,000 as costs in an appeal concerning a vacated interim injunction. The Supreme Court examined whether the High Court could award such a sum, given the provisions of Section 35 of the Code of Civil Procedure …

Phulchand Exports Ltd. (seller) shipped 1,000 metric tons of rice to 000 Patriot (buyer) under a CIF contract but delayed shipment by 16 days and loaded the goods on a vessel that was not bound for the agreed destination, causing the cargo to be lost. The buyer invoked a reimbursement clause in the contract and obtaine…

Rohan Builders sought an extension of time under Section 29A of the Arbitration and Conciliation Act, 1996 after the statutory twelve‑month period (or the six‑month consent‑based extension) for making an arbitral award had expired. The Calcutta High Court had held that such an application was not maintainable, a view e…

Aravali Power Company Pvt. Ltd. (appellant) and M/s. Era Infra Engineering Ltd. (respondent) entered into a contract for constructing a township for a thermal power project, which contained an arbitration clause (Clause 56) stipulating that disputes be referred to the Project In‑charge or, failing that, to a person app…

The Paradip Port Authority (formerly Paradip Port Trust) and Paradeep Phosphates Ltd. entered into a 1985 agreement for a captive berth, with tariff rates subject to periodic revision. Dispute arose when the Authority unilaterally increased rates in 1993, leading to arbitration, an appellate authority order, and a High…

Asian Hotels (North) Ltd., the licensor, granted individual shop licenses to various shopkeepers, including the respondents, and later revoked those licenses. The respondents filed suits seeking a declaration that their licenses were irrevocable and perpetual. While the suits were pending, they applied to amend their p…

The appellant, Pam Developments Private Ltd., was awarded a sum of Rs.2.87 crore by an arbitrator in a dispute with the State of West Bengal over a highway repair contract, but the award remained unpaid. The State filed a Section 34 petition challenging the award and later sought a stay of its operation under the amend…

The Union of India challenged an arbitral award that granted interest on amounts payable to M/s. Krafters Engineering & Leasing (P) Ltd. under a works contract, arguing that Clause 1.15 of the General Conditions expressly prohibited any interest on such amounts. The High Court had upheld the award, but the Supreme Cour…

The appellant, Office for Alternative Architecture, challenged a Delhi High Court order that, while appointing an arbitral tribunal under Section 11 of the Arbitration and Conciliation Act, 1996, excluded certain claims as non‑arbitrable. The appellant argued that the court should only examine whether a prima facie arb…

The parties entered into a construction agreement and a dispute was referred to arbitration, resulting in an award dated 14 February 2001. The appellants deposited the full award amount with the High Court on 24 May 2001 while objections to the award were pending, and later the High Court ordered post‑award interest at…

The dispute arose from a sale of cotton bales between CCI and M/s Lakshmi Ganesh Textiles Ltd, which led to an arbitral award for recovery of money in 2001. The award was challenged but the challenge was dismissed in 2013. Subsequently, ICICI Bank, as a secured creditor, attached the debtor's properties under the SARFA…

The appellant, an assistant manager, was terminated by the respondent employer alleging absenteeism, after a show‑cause notice and disciplinary inquiry. The appellant filed a petition under Section 15(2) of the Payment of Wages Act for unpaid wages and later approached the Industrial Tribunal under Section 2(A) of the …

Vedanta Ltd entered into four EPC contracts with Shenzen Shandong Nuclear Power Construction Co. Ltd for a 210‑MW co‑generation plant. After termination of the contracts, the Chinese company invoked the arbitration clause and obtained an award granting sums in INR and EUR, with interest at 9% for the first 120 days and…

The Supreme Court examined the procedure followed by the Calcutta High Court in handling applications under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrators. The High Court had a Designate Judge first determine that the request for appointment was proper and then referred t…

RPS Infrastructure Ltd entered into a development agreement with KST Infrastructure Pvt Ltd, which later led to an arbitral award in favour of RPS in 2016. While the award was under challenge under Section 34 of the Arbitration Act, a corporate insolvency resolution process (CIRP) was initiated against KST Infrastructu…

The Jawaharlal Nehru Port Trust (JNPT) issued a Request for Qualification and a Request for Proposal for a container terminal project. A consortium comprising PSA Mumbai Investments and another company qualified, received a Letter of Award (LOA) which was later withdrawn after the second member exited the bid. JNPT cla…

The dispute arose from a government contract where the arbitrator, in 1999, awarded 18% compound interest on the sum due. The Union of India challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996, and the Allahabad High Court reduced the interest to 9% simple interest, also striking a compe…

Venture Global Engineering, a US‑based company, entered into a joint‑venture with Satyam Computer Services Ltd. (the first respondent) and later obtained an arbitral award ordering it to transfer its shares in the joint venture to Satyam. After the award, Satyam’s chairman confessed to massive financial fraud, leading …

HSBC PI Holdings (Mauritius) Ltd. invested USD 60 million in Avitel, a company owned by the respondents. The Supreme Court, affirming a 2014 order, directed the respondents to maintain a USD 60 million balance in a Corporation Bank account. The respondents failed to comply, repeatedly sought exemption, and claimed lack…

The National Highway Authority of India (NHAI) entered into an EPC contract with Transstroy (India) Limited, which was later terminated by NHAI for alleged breaches. The contractor invoked the arbitration clause, filing a claim, while NHAI reserved its right to claim damages and filed a counter‑claim under Section 23(2…

The National Highways Authority of India (NHAI) challenged arbitral awards that enhanced compensation for land acquired under the National Highways Act, arguing that the arbitrator improperly relied on post‑acquisition guideline values and failed to give sufficient reasons, violating Sections 28(2) and 31(3) of the Arb…

The Punjab State Civil Supplies Corporation Ltd. obtained a money award of Rs.10,24,847.15 from Mis Atwal Rice & General Mills in an arbitration proceeding, which became final after the respondents' Section 34 challenge was dismissed. The appellant filed an execution petition under Section 36 of the Arbitration and Con…

The parties entered into a 1989 agreement containing an arbitration clause that named two specific arbitrators. Both arbitrators later died, and the respondent sought the appointment of a substitute arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The Bombay High Court appointed a former Supre…

South East Asia Marine Engineering & Constructions Ltd (SEAMEC) was awarded a fixed‑price work order for well drilling by Oil India Ltd. During performance, the price of high‑speed diesel (HSD) rose following a government circular. SEAMEC claimed that the increase fell within Clause 23 – a ‘change in law’ clause – and …

The dispute arose under a Production Sharing Contract (PSC) between the Government of India and a consortium that included Videocon Industries Ltd. The PSC stipulated Kuala Lumpur as the seat of arbitration, but due to the SARS epidemic the arbitral tribunal held hearings in Amsterdam and London, recording a consent to…

The Municipal Corporation of Greater Mumbai (MCGM) entered into a consultancy contract with M/s R.V. Anderson Associates Ltd. and, after completion of work, a payment dispute arose. The parties invoked an arbitration clause, appointing two arbitrators who later appointed a presiding arbitrator after the 30‑day period p…

M/S ICOMM TELE Ltd. was awarded a water supply contract by the Punjab State Water Supply & Sewerage Board, which contained an arbitration clause requiring a 10% "deposit-at-call" before invoking arbitration. The company challenged this clause as arbitrary, discriminatory, and violative of Article 14 of the Constitution…

Chintels India Ltd. filed an application under section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award, but the single judge of the Delhi High Court refused to condone the delay in filing the application and dismissed it. The appellant challenged that order by invoking section 37(1)(c) o…

Haryana Tourism Ltd invited tenders for supplying aerated drinks and accepted a bid from M/s Kandhari Beverages Ltd, which was to pay Rs.20 lakh for brand promotion. A dispute arose over the amount spent on promotional activities, leading to termination of the contract and referral to a sole arbitrator, who awarded Rs.…

The appellant, Global Mercantile, entered into a sub‑contract with Indo Unique containing an arbitration clause, but the work order was unstamped under the Maharashtra Stamp Act. A dispute arose when Indo Unique invoked a bank guarantee, which Global Mercantile alleged was fraudulent, leading to a civil suit and an app…

The appellants, a husband and wife, entered into a partnership deed containing an arbitration clause and later appointed a sole arbitrator, Mr. Anjum Javed, to resolve disputes with the respondents. The arbitrator repeatedly demanded administrative expenses, which the respondents challenged under Sections 14 and 15 of …

The petitioners BGS SGS SOMA JV sought to enforce an arbitral award concerning a hydro‑electric project, while the respondent NHPC Ltd filed a Section 34 petition in the Faridabad court to set aside the award. The petitioners applied under Section 151 CPC to have the petition returned to the appropriate court, and the …

Emaar MGF Land Ltd. (appellant) entered into a buyer's agreement with Aftab Singh (respondent) that contained an arbitration clause under the Arbitration and Conciliation Act, 1996. Singh filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) invoking the Consumer Protection Act, 1986, and…

Chatterjee Petrochem (Mauritius) Co. invoked the arbitration clause in a restructuring agreement dated 12 January 2002, seeking ICC arbitration over a dispute with Haldia Petrochemicals Ltd. Haldia contended that a later agreement dated 8 March 2002, which granted exclusive jurisdiction to the Calcutta courts, nullifie…

MITC Rolling Mills Pvt. Ltd. filed a commercial suit for recovery of Rs.2.5 crore. The trial court rejected the plaint under Order VII Rule 11 of the CPC on the ground that the plaintiff had not complied with the mandatory pre‑institution mediation under Section 12A of the Commercial Courts Act, 2015. The appellant cha…

The dispute arose from a settlement deed between Ratnam Sudesh Iyer (appellant) and Jackie Kakubhai Shroff (respondent) concerning the sale of shares in Atlas Equifin Private Limited. The deed required the respondent to withdraw criminal complaints and, in return, receive US$1.5 million in escrow and US$2 million upon …

The dispute arose from a 1982 contract between National Projects Construction Corporation Ltd (NPCCL) and Royal Construction Company Private Ltd (RCCPL) for earth‑work in Iraq, which stipulated payments in Iraqi Dinars and US Dollars. An arbitrator awarded a sum in Iraqi Dinars and a separate rupee amount, directing co…

Solaris Chem Tech Industries Ltd, a water consumer, challenged notices demanding payment of arrears on revised water tariffs, arguing that the notices violated the contractual rate provisions and statutory procedures. The High Court dismissed the writ petition and the subsequent writ appeal, relying on Clause 11 of the…

The appellant, a contractor, entered into a 1997 contract with the Telecom Department of Haryana for laying underground cables. Disputes over unpaid bills were referred to arbitration, and the arbitrator awarded the claim but denied interest, citing a contractual clause that prohibited it. The appellant later sought po…

The State of West Bengal filed a Section 34 application to set aside an arbitral award before the District Court of Jalpaiguri, while the High Court of Calcutta had earlier entertained interim relief under Section 9 and appointed an arbitrator under Section 11. The High Court held that, under Section 42 of the Arbitrat…

The Supreme Court examined whether a foreign arbitral award could be enforced against entities that were not signatories to the underlying arbitration agreement in a dispute between a Hong Kong representative (ISS) and an Indian company (DMC) over commission payments. The Court held that Section 47(1)(c) of the Arbitra…

The National Highways Authority of India (NHAI) and Gayatri Jhansi Roadways Limited entered into a 2006 contract that contained a detailed fee schedule for arbitrators. After a dispute arose in 2017, NHAI invoked a newer NHAI circular (dated 01‑06‑2017) that amended the fee amounts, while the arbitral tribunal, relying…

Reliance Infrastructure Ltd. built a power plant for the State of Goa under a Power Purchase Agreement, but the State failed to pay for the electricity generated. The parties referred their dispute to a sole arbitrator, who awarded Rs. 278.29 crore with interest at 15% per annum. The High Court reduced the interest rat…

The dispute arose between M/s Today Homes & Infrastructure Pvt. Ltd. (and Mapletree Properties) and the Ludhiana Improvement Trust over a joint‑venture agreement dated 24‑05‑2005, which the Trust later claimed was void. The developers filed an application under Section 11(6) of the Arbitration and Conciliation Act, 199…

Antrix Corp. Ltd. and Devas Multimedia entered into an agreement containing an arbitration clause that required disputes to be referred to senior management and, failing that, to an arbitral tribunal governed by ICC or UNCITRAL rules, with the seat in New Delhi and Indian law as the governing law. After Antrix terminat…

Denel (Proprietary) Ltd., a South African government-owned company, supplied electronic equipment to Bharat Electronics Ltd., a Government of India enterprise, under several purchase orders. After delivering the goods, Denel demanded payment of GBP 34,894.75, but Bharat Electronics refused, citing a Ministry of Defence…

The Delhi Metro Rail Corporation (DMRC) and Delhi Airport Metro Express Private Ltd (DAMEPL) entered into a 2008 concession agreement for the Delhi Airport Metro project. DAMEPL alleged safety defects, issued a cure notice, and later terminated the agreement; an arbitral tribunal awarded substantial sums to DAMEPL. The…

NTPC Ltd. and SPML Infra Ltd. entered into a contract for installation services. After SPML completed the work, NTPC released the final payment but retained SPML's bank guarantees, linking their release to disputes in other projects. The parties settled the matter through a Settlement Agreement that released the guaran…

The appellant, a cooperative society, sought to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, but filed the application after the 90‑day statutory period and the additional 30‑day discretionary period had expired because the court was on winter vacation. The appellant argue…

Garware Wall Ropes Ltd. entered into a sub‑contract with Coastal Marine Constructions & Engineering Ltd. that contained an arbitration clause but the sub‑contract was not stamped. When the respondent filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, the Bo…

The parties entered into a written construction contract on 06‑06‑2009 containing an arbitration clause. Disputes over construction quality led to a meeting where the contract was terminated by mutual consent and an oral agreement was made with the husband of the original contractor to supervise the work, under which h…

The Urban Infrastructure Real Estate Fund (U.I.R.E.F) obtained an arbitral award of Rs 78.33 crore against Dharmesh S. Jain and others, which the Bombay High Court stayed on the condition that the respondents deposit 50% of the amount. The High Court’s order dated 08‑08‑2019 was later extended twice by the Supreme Cour…

The appellants filed a criminal complaint alleging that the second respondent, a property owner, cheated them in a commercial transaction involving the sale of a mortgaged plot, breaching the agreement and misappropriating funds, leading to FIRs under Sections 420, 406 and 34 IPC. The Delhi High Court, invoking its inh…

The dispute arose when BSNL (appellant) withheld Rs.99.70 crore from Nortel (respondent) after completing a telecom tender. Nortel claimed the amount in May 2014, which BSNL rejected on 4 August 2014. After more than five years, Nortel invoked the arbitration clause on 29 April 2020 and sought appointment of an arbitra…

The corporate debtor Ricoh India Ltd. initiated a corporate insolvency resolution process under the IBC, inviting resolution plans. Kotak Investment Advisors Ltd. (KIAL) submitted its plan on time, while Kalpraj submitted a belated plan which was later accepted by the Committee of Creditors (CoC) and approved by the NC…

The appellant Imax Corporation and the respondent MIS E‑City Entertainment entered into a contract containing an arbitration clause that referred to the ICC Rules of Arbitration and stipulated that the agreement would be governed by Singapore law. The parties submitted their dispute to the ICC, which after consulting t…

Harmony Innovation Shipping Ltd. entered into a charter agreement with Gupta Coal India Ltd. that stipulated arbitration in London, governed by English law, and specified the arbitrators as members of the London Arbitration Association. The appellant sought interim relief under Section 9 of the Arbitration and Concilia…

The stock broker AC Chokshi Share Broker invoked arbitration under BSE Bye‑law 248(a) to recover a large debit balance that accrued in the wife’s trading account after the 2001 market crash, alleging that the husband had orally agreed to be jointly and severally liable. The arbitral tribunal held both spouses jointly l…

M/s. Voestalpine Schienen GmbH (petitioner) entered into a contract with Delhi Metro Rail Corporation Ltd. (DMRC) for supplying rails. Disputes arose over payments and liquidated damages, and the parties invoked an arbitration clause that required DMRC to prepare a panel of serving or retired engineers from government …

The appellants received an arbitral award on 14 February 2022 and were required to file a Section 34 application within three months, extended by a COVID‑19 order to 29 May 2022, with a further 30‑day condonable period ending on 28 June 2022. The 30‑day period fell during the Delhi High Court's summer vacation (04 June…

Hindustan Petroleum Corporation Ltd. (HPCL) floated a tender for a tank‑truck locking system and awarded a purchase order to AGC Networks Ltd., which later engaged BCL Secure Premises Pvt. Ltd. (BCL) as a sub‑vendor. HPCL alleged non‑performance by AGC and denied any contractual relationship or payment liability to BCL…

The appellant, Texco Marketing Pvt. Ltd., bought a fire insurance policy from Tata AIG that excluded coverage for basement premises, yet the insured shop was located in a basement. After a fire, the insurer denied the claim relying on the exclusion clause. The State Consumer Commission held the insurer liable for defic…

Cox & Kings Ltd. sought appointment of an arbitrator under Clause 15.7 of its Services General Terms and Conditions Agreement with SAP India Pvt. Ltd., alleging breach of a software implementation project. The petition raised questions on whether a prima facie arbitration agreement existed under Section 11 of the Arbit…

The Delhi Airport Metro Express Pvt. Ltd. (DAMEPL) and Delhi Metro Rail Corporation Ltd. (DMRC) entered into a concession agreement for the Airport Metro Express Line. DMRC was served a termination notice for alleged defects in the civil structure, which DAMEPL claimed were not cured within the 90‑day period, leading t…

The petitioners, Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd. and others, entered into a distributorship agreement with the respondent, M/s Ajay Sales & Suppliers, which contained an arbitration clause appointing the Sangh's Chairman as sole arbitrator. The respondent later approached the High Court under Section 11 of…

The petitioners, a UAE entity, claimed that the respondents defaulted on payments under a 2004 MoU and invoked arbitration in 2022, eleven years after the alleged breach in 2011. The petition sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, while criminal proceeding…

In a suit for partition of joint family property filed in 1991, the appellants sought a stay of proceedings under Section 34 of the Arbitration Act, 1940, which was dismissed in 1995 and affirmed on appeal. The suit continued, and the appellants later filed an application under Section 8 of the Arbitration and Concilia…

The petitioners filed a suit seeking a permanent injunction and damages for alleged infringement of the trademark ‘SRI ANGANNAN BIRIYANI HOTEL’. The respondents filed a Section 8 application invoking arbitration clauses in two assignment deeds of the trademark, alleging that the deeds were fraudulently executed. The Co…

The appellant, a construction firm, entered into a contract with the Engineer-in-Chief, received full payment, and issued a notice invoking the arbitration clause on 26‑12‑2013. It later filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 on 27‑04‑2016, after the Arbitration and Conci…

The Indian Oil Corporation (IOC) entered into a 15‑year petrol pump dealer agreement with Sathyanarayana Service Station, which contained a clause allowing either party to terminate the agreement by giving three months' notice. The dealer gave a notarised notice to withdraw, which IOC accepted; the dealer later attempt…

Schlumberger Asia Services Ltd. entered into a contract with Oil & Natural Gas Corporation Ltd. (ONGC) for oilfield equipment and services. After alleged non‑payment of invoices, Schlumberger sent several notices to ONGC from 2008 onward, invoking arbitration under Clause 27 of the contract. ONGC failed to respond, and…

The work under a contract was completed on 30 July 2000, but no final bill or measurement certificate was issued by the Engineer-in-Charge. The State of West Bengal filed a notice seeking arbitration on 2 June 2022, more than 21 years after completion, and the High Court ordered arbitration, holding that the limitation…

MSEDCL issued a Letter of Intent (LOI) accepting R Z Malpani's bid for a civil work tender but the LOI was conditional and did not constitute a final contract. The parties never executed a work order, and the LOI merely allowed preliminaries. The respondent invoked the arbitration clause in the tender's Special Conditi…

The Kerala State Electricity Board (KSEB) contracted with Kurien E. Kalathil to construct a dam, after which a government notification raised minimum wages, leading the contractor to claim labour‑escalation charges with interest (Ex.P‑20) and additional work charges (Ex.P‑59). The High Court ordered KSEB to pay amounts…

NBCC (India) Ltd., a micro‑small enterprise, entered into several construction contracts with the State of West Bengal and later filed a memorandum under Section 8 of the MSMED Act, 2006 after the contracts were executed. The enterprise then referred a payment dispute to the Micro and Small Enterprises Facilitation Cou…

The dispute arose from a work order awarded to Manish Engineering Enterprises by IFFCO, which was later cancelled, leading the firm to seek payment through arbitration and writ petitions. After the arbitrator rejected the claim of removal of items from IFFCO premises, the complainant filed multiple criminal complaints …

Denel (Proprietary) Ltd. entered into a contract with the Ministry of Defence for supply of Base Bleed Units. Disputes arose over rejected goods and the parties could not resolve them, leading to the appointment of a sole arbitrator, A.K. Jain, by the Director General of Ordnance Factory (DGOF) as per the contract clau…

The arbitral award dated 14‑04‑2000 directed Nepa Ltd to pay Rs 14,49,300 to Manoj Kumar Agrawal with 18% interest from the award date. The High Court, on a stay order, required Nepa to deposit 50% of the amount (Rs 7,78,280) which the respondent withdrew on 08‑11‑2001 after giving a personal undertaking. The responden…

The Union of India entered into a works contract with Mis. Susaka Pvt. Ltd. and, after disputes arose, the matter was referred to an arbitral tribunal which awarded damages and interest on several claims. The Union challenged the award of interest under Section 34 of the Arbitration and Conciliation Act, 1996, invoking…

The Supreme Court examined whether arbitration clauses that allow one party, especially a government entity, to unilaterally appoint a sole arbitrator or control the composition of a three‑member tribunal are valid. It held that such unilateral appointment provisions create a real risk of bias, violate the principle of…

The State of Chhattisgarh entered into agreements with M/s Sal Udyog for the supply of Sal seeds, which included a clause for "supervision charges" and were governed by a 1987 government circular imposing a 10% charge. After the State terminated the agreement, Sal Udyog claimed a refund of excess supervision charges, a…

M/s. Mitra Guha Builders (India) Co. entered into a construction contract with ONGC that contained Clause 2 allowing the Superintending Engineer to levy liquidated damages for delay, with a finality clause, and Clause 25 mandating arbitration for disputes. The arbitrator allowed the contractor's claims but rejected ONG…

The Gujarat State Disaster Management Authority (appellant) was ordered by a Facilitation Council under the MSME Act to pay Rs 105,053,387 to M/s Aska Equipments Ltd (respondent). The appellant sought to set aside the award under Section 34 of the Arbitration & Conciliation Act, 1996 and, pursuant to Section 19 of the …

Dozco India Ltd entered a distributorship agreement with Doosan Infracore Co. Ltd, a Korean company. The agreement contained an arbitration clause (Article 23) stating that disputes would be finally settled by arbitration in Seoul, Korea, under ICC Rules, and Article 22 made Korean law the governing law. When the respo…

The Supreme Court examined the interplay between Section 144C, which provides a special dispute‑resolution procedure for eligible assessees, and Section 153(3) of the Income Tax Act, which prescribes a twelve‑month limitation for fresh assessments. The Court held that the limitation under Section 153 applies only to th…

The Supreme Court considered an appeal by DLF Ltd. and another Indian company against a Croatian generator firm concerning the enforcement of a foreign arbitral award expressed in euros. The key issues were the appropriate date for fixing the foreign exchange rate to convert the award into rupees and the treatment of a…

M/s Shahi and Associates entered into a construction contract with the Uttar Pradesh government and invoked arbitration in 1999. The arbitrator awarded Rs. 17,86,339 with interest at 18% per annum under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. The District Judge and the Allahabad High Court reduc…

Mahanagar Telephone Nigam Ltd. (MTNL) entered into a bond transaction with CANFINA, a wholly‑owned subsidiary of Canara Bank, which later transferred the bonds to its parent. MTNL cancelled the bonds alleging non‑payment of consideration and sought arbitration. The parties exchanged letters and a draft arbitration agre…

The dispute arose from a slum redevelopment project where the respondent, Samir Narain Bhojwani, alleged default by the appellant, Bombay Slum Redevelopment Corporation Private Limited, leading to arbitration and an award in favour of the respondent. The appellant challenged the award under Section 34 of the Arbitratio…

The State of West Bengal appointed Rajpath Contractors to construct a bridge, and an arbitral award dated 30 June 2022 directed the State to pay Rs.2.11 crore. The State received the award on the same day and filed a petition under Section 34 of the Arbitration and Conciliation Act on 31 October 2022, after the Calcutt…

The Supreme Court examined a batch of Special Leave Petitions arising from orders of the Delhi and Calcutta High Courts that refused to enforce foreign arbitral awards or to award interest. The central question was whether an order that is not appealable under section 50 of the Arbitration and Conciliation Act, 1996 co…

The National Highways Authority of India (NHAI) awarded a construction contract to Ssangyong Engineering & Construction Co. Ltd., which included a price‑adjustment formula based on the Wholesale Price Index (WPI) old series. When the Ministry of Industrial Development stopped publishing the old series and introduced a …

Two business groups that had entered into a joint venture fell out over shareholding and director appointments, leading to a cascade of more than 80 proceedings, including company law petitions, contempt suits and criminal complaints under Section 340 Cr.P.C. The Supreme Court noted the deadlock and, rather than adjudi…

Al Jazeera Steel Products Company SAOG (the applicant) entered into a sale‑purchase contract with Mid India Power & Steel Ltd. (the respondent) for 2,000 metric tonnes of prime alloy steel billets. The billets delivered were found to be defective, leading the applicant to notify the respondent and request a joint inspe…

BIPROMASZ BIPRON Trading SA entered into a purchase order with Bharat Electronics Ltd (BEL) for gyro units, but BEL halted supplies, rejected goods and alleged contractual breaches. The contract’s arbitration clause required disputes to be referred to BEL’s Chairman‑cum‑Managing Director (CMD) or his nominee. The petit…

Pravin Electricals alleged that no consultancy agreement dated 7 July 2014 existed with Galaxy Infra, while Galaxy claimed such an agreement, containing an arbitration clause, was executed and sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The Delhi High Court…

In a suo motu writ petition, the Supreme Court examined the extension of limitation periods granted due to the COVID-19 pandemic. Earlier orders had excluded the period from 15 March 2020 to a date to be fixed, allowing litigants extra time to file suits, appeals and other proceedings. Observing that the pandemic situa…

R.K. Pandey, a former lab assistant of a state‑run medical college, claimed that his superannuation age should be 60 years and sought relief through arbitration, relying on an alleged 1957 arbitration agreement between the municipal board and the Governor of Uttar Pradesh. He unilaterally appointed two arbitrators who …

The State of Gujarat awarded a contract to Amber Builders for highway work, which the contractor completed but later faced a claim of defective repair and a demand for Rs.1.09 crore. The State issued a notice seeking payment, which the contractor challenged in the Gujarat High Court, leading to a writ petition that was…

M/s Arif Azim Co. Ltd., an Afghan distributor, entered into a 2010 distributorship agreement with M/s Micromax Informatics FZE (UAE) that contained an arbitration clause designating Dubai as the venue and subjecting the arbitration to UAE Arbitration and Conciliation rules. After a credit dispute, the petitioner sought…