Arbitration and Conciliation Act, 1996

Goqii Technologies (appellant) entered a Master Services Agreement with Sokrati Technologies (respondent) containing an arbitration clause (Clause 18.12). After paying over Rs 5.5 crore, Goqii raised concerns based on an independent audit reporting alleged overcharges and fraudulent practices, and invoked arbitration u…

The appellant, HPCL Bio‑Fuels Ltd., entered into turnkey contracts with the respondent, Shahaji Bhanudas Bhad, for equipment supply. After a dispute over unpaid dues arose in 2014, the respondent invoked the arbitration clause and filed a Section 11(6) application in the Bombay High Court in February 2018, which he unc…

The appellant, Vijay Trading and Transport Co., entered into a two‑year handling and transportation contract with Central Warehousing Corporation. The contract was terminated by the corporation for the appellant’s failure to deliver an export‑loaded container to the port at Navi Mumbai, leading to forfeiture of the sec…

Lifestyle Equities sued Amazon Technologies for alleged trademark infringement and obtained a money decree of Rs.336.02 crore. Amazon appealed and sought a stay of execution under Order XLI Rule 5(1) and (3) of the CPC without depositing the decretal amount. The Delhi High Court granted an unconditional stay, prompting…

The appellant, a landowner, entered into a Development Agreement with the respondent developer to construct an apartment complex, also granting a General Power of Attorney. The developer failed to complete the work within the stipulated 15‑month period, prompting the appellant to serve a legal notice terminating the ag…

The Central Government acquired parcels of land in Mau district for a highway widening project under the National Highways Authority Act, 1956. The Special Land Acquisition Officer (SLAO) determined the total compensation and apportioned shares among the landowners, a determination accepted by the appellants but contes…

The appellants Jindal Steel issued a work order to Bansal Infra and obtained an unconditional bank guarantee to secure an advance payment. After alleged delays, quality deficiencies and termination of the contract, the appellants threatened to encash the guarantee unless a debit balance was paid. Bansal filed a Section…

The petitioners sought appointment of an arbitrator under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, alleging a live dispute arising from an arbitration clause (Clause 41) in an agreement dated 19 January 2004 concerning a 74% equity stake in Varsha Hill Fort Resorts Pvt. Ltd. The High Cour…

Karnataka Power Transmission Corporation (KPTC), a state utility, awarded a sub‑station contract to Deepak Cables. During performance, Deepak Cables raised a claim and, after the engineer failed to decide within 30 days under clause 48 of the contract, filed an application under Sections 11(5) and 11(6) of the Arbitrat…

The appellants, landlords, leased a shop to the respondents under a notarized tenancy agreement that contained an arbitration clause. When the respondents failed to vacate after a termination notice, the landlords filed a suit for eviction, arrears of rent, municipal taxes, mesne profits and injunction before the Civil…

Jai Prakash Associates Ltd. (JAL) entered into a contract with Tehri Hydro Development Corporation Ltd. (THDC) that contained General Conditions of Contract (GCC) clauses 50 and 51 expressly prohibiting any interest on monies due. An arbitral tribunal under the Arbitration and Conciliation Act, 1996 awarded the appella…

The appellants sought to enforce a foreign arbitral award in Gujarat High Court, which ordered enforcement. They then challenged the order by filing an appeal under Section 13(1) of the Commercial Courts Act, arguing that an appeal was permissible even though Section 50 of the Arbitration and Conciliation Act, 1996 doe…

ONGC Mangalore Petrochemicals Ltd. awarded a construction contract to ANS Constructions Ltd. The contractor paid the final bill of Rs.20.34 crore after receiving a No Dues/No Claim Certificate on 21 September 2012. The contractee later withdrew the certificate on 24 October 2012 alleging it was obtained under duress an…

Regenta Hotels Private Limited entered into a franchise agreement with M/s Hotel Grand Centre Point and, after disputes arose, obtained an ad‑interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996 on 17 February 2024. The appellant served a notice invoking arbitration on 11 April 2024, to whic…

The respondent, a beneficiary of shares bequeathed by his mother, sought registration of the transmission of those shares after the company refused to register them. The refusal triggered an appeal under the erstwhile Companies Act, 1956, which the respondent failed to file within the prescribed two‑month period; he la…

The Tuticorin Port Trust awarded a dredging contract to Jan De Nul Dredging India, which completed the work ahead of schedule. A dispute over unpaid dues led to arbitration, where the tribunal awarded Rs.14.66 crore as idle‑time compensation for the Backhoe Dredger (Claim No.7). The Port Trust challenged the award unde…

UHL Power Company Ltd. and the State of Himachal Pradesh appealed a High Court judgment that had set aside a 2005 arbitral award. The Supreme Court examined whether an arbitrator may award post‑award interest (interest on interest/compound interest) and held that, following Hyder Consulting (UK) Ltd., such interest can…

The appellant, as legal representative of a deceased partner, invoked an arbitration clause in a partnership deed under Section 11(6) of the Arbitration and Conciliation Act, 1996, after the High Court dismissed his petition. The central issue was whether the clause was merely optional or required the consent of all pa…

The Supreme Court examined whether the "group of companies" doctrine, which allows an arbitration agreement signed by one member of a corporate group to bind non‑signatory affiliates, is valid under Indian law and how it should be applied. The Court considered the interpretation of the phrase "claiming through or under…

The State Trading Corporation (STC) entered into a tripartite agreement with Global Steel Holding Ltd. (GSHL) and Global Steel Philippines Inc. (GSPI) for the sale of steel coils, which later gave rise to settlement agreements under the Arbitration and Conciliation Act, 1996. GSHL and GSPI defaulted on the settlement p…

The appellant, a private hospital, entered into a software implementation agreement with the respondent, a digital health‑technology firm, which contained Clause 8.28 purportedly providing for arbitration. After repeated technical failures, the appellant invoked the clause and sought appointment of a sole arbitrator un…

Lombardi Engineering, a Swiss design consultancy, entered into a contract with Uttarakhand Vidyut Nigam Ltd for a hydro‑electric project, which was later transferred from UPDCC to the respondent. After the respondent terminated the contract, Lombardi invoked the arbitration clause in the General Conditions of Contract,…

The original landowners entered into development agreements and later formed three societies, including the appellant society, to develop a complex. Disputes arose over the sharing of lease rents collected by the appellant society from a building, leading the respondents to file petitions under Section 23 of the Andhra…

The appellant, a successful purchaser at a sealed‑tender sale, sought to enforce a sale certificate issued after the execution of an award under the Multi‑State Co‑operative Societies Act, 1984. The respondents, borrowers, had defaulted on a loan and the property was sold after multiple failed public auctions. The High…

The dispute arose from a contract between Bharat Aluminium Co. and Kaiser Aluminium Technical Service, Inc. that provided for arbitration in London under English law, but governed the contract by Indian law. After two awards were rendered in England, the appellant sought to set aside the awards under Section 34 of the …

Amazon invested in FCPL and, through it, in Future Retail Ltd (FRL). When FRL and its promoters attempted to sell FRL's retail assets to a rival, Amazon sought emergency interim relief under the SIAC Rules, and an Emergency Arbitrator issued an award restraining the transaction. The Delhi High Court enforced the award …

The State of Madhya Pradesh filed a civil revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, challenging an arbitral award dated 18 June 2003, but the revision was filed 80 days after the statutory three‑month period. The State also sought condonation of the delay under Section 5 of …

The sole arbitrator, on 7 October 2010, issued an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 prohibiting the disposal of any flats without its leave. The respondent transferred five flats on 14 October 2010, breaching that order, and the arbitrator later found the breach and, on 5 May …

Arabian Exports Private Limited (the appellant) claimed insurance proceeds for flood damage amounting to Rs 5,71,69,554 against National Insurance Company Ltd. (the respondent). After a long delay, the respondent offered a much lower sum of Rs 1,88,14,146, which the appellant accepted by signing an undated voucher and …

The petition sought to join the parent company, a non‑signatory, to arbitration proceedings arising from a software licence and services agreement between the petitioner and a subsidiary of the parent. The Court examined the scope of the "group of companies" doctrine, particularly its reliance on the parties' subjectiv…

IRCON International, the main contractor, entered into two sub‑contracts (C1 and C2) with Vinay Heavy Equipments for road work. The subcontractor completed about 67% of the work and claimed an unpaid balance of Rs 61 lakhs, leading to arbitration (First Arbitration) in which the arbitrator awarded the subcontractor rou…

The appellant, Sanjiv Prakash, invoked an arbitration clause in a 1996 Memorandum of Understanding (MoU) among family members after a dispute over share transfers with his sister and mother. The respondents argued that the MoU was superseded and novated by a later Shareholders' Agreement (SHA) dated 12‑04‑1996, which t…

The appellant, Bhaven Construction, entered into a contract to manufacture and supply bricks that contained an arbitration clause. It unilaterally appointed a sole arbitrator, who dismissed Respondent No.1's Section 16 challenge to his jurisdiction. Instead of using the statutory remedy under Section 34, Respondent No.…

The State of Jharkhand appealed a High Court order that restored an arbitral award allowing claims that the civil court had struck down as prohibited by specific contractual clauses. The High Court had relied on the Supreme Court’s decision in Bharat Drilling & Foundation Treatment Pvt. Ltd. v. State of Jharkhand, hold…

Simplex Infrastructure Ltd entered into a contract with the Union of India for construction of shelters, which led to arbitration and an award dated 27 October 2014 in favour of Simplex. The Union of India filed a Section 34 application before the District Judge on 30 January 2015, which was dismissed for lack of juris…

Sutlej Construction was awarded a contract by the Union Territory of Chandigarh for earth excavation, loading, and transport. The contract was terminated by the respondent, leading the appellant to invoke the arbitration clause; an arbitrator was appointed and issued an award partially in favour of the appellant, rejec…

Bank of India filed a recovery suit under the RDDBFI Act and, after auctioning the mortgaged property, appointed Yadav Consultancy Services as Court Commissioner to safeguard the property. The bank later discharged the commissioner and was directed by the Recovery Officer to continue paying his security charges, which …

M/S MSP Infrastructure Ltd. and M.P. Road Development Corp. entered into a road development contract that was later referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitral tribunal awarded Rs. 6.90 crores to the appellant, after which the respondent filed a petition under Section 34 to se…

The appellants, a group of builders, entered into a sale agreement to construct a villa for the respondent, a home‑buyer, but failed to deliver possession and subsequently terminated the agreement. The buyer filed a complaint under the Consumer Protection Act, 2019 before the District Consumer Forum, while the builders…

The appeal concerned the interpretation of Section 11(6A) of the Arbitration and Conciliation Act, 1996, introduced by the 2015 amendment and later omitted by the 2019 amendment. The appellant argued that the Supreme Court or High Court must still examine the existence of an arbitration agreement before appointing arbi…

M/s Harsha Constructions entered into a contract with the Union of India for bridge construction, which contained Clause 39 governing extra work and Clause 63 listing "excepted matters" that were excluded from arbitration. A dispute arose over the rate payable for extra work, which the contractor claimed was not finall…

The Bihar State Food and Civil Supplies Corporation entered into contracts with rice millers for paddy procurement and included an arbitration clause. Allegations of massive fraud and misappropriation of public funds led to criminal FIRs, charges under the Penal Code, and recovery proceedings under the Bihar & Orissa P…

The dispute arose from a representation agreement between D.M.C. Management Consultants Ltd. and Integrated Sales Service Ltd., which contained an arbitration clause. After the arbitrator awarded US $6.9 million against DMC, the award was sought to be enforced against non‑signatory parties, including Arun Dev Upadhyaya…

The appellant, Navnirman Development Consultants, was awarded a contract to construct a sports complex for a government agency, completed the work, but was not paid for its bills. The parties' agreement contained an arbitration clause, and when the respondent failed to constitute an arbitral tribunal, the appellant inv…

Cox & Kings Ltd. entered into a joint‑venture with IRCTC to operate a luxury tourist train under a lease of the train to the joint‑venture company. IRCTC later terminated the lease, prompting Cox & Kings to invoke Section 9 of the Arbitration and Conciliation Act, 1996 seeking a stay of termination and the appointment …

The dispute arose from a concession agreement between Delhi Airport Metro Express Private Limited (DAMEPL) and Delhi Metro Rail Corporation (DMRC) concerning a termination payment and the interest payable thereon. The arbitral tribunal awarded the termination sum and interest at SBI PLR plus 2% as per Article 29.8 of t…

The parties, who were family members, referred their property dispute to a sole arbitrator appointed by mutual consent without any written arbitration agreement. The arbitrator was later alleged to have delayed the proceedings, leading respondents to file applications under section 14(1)(a) of the Arbitration and Conci…

M/s Gangotri Enterprises Ltd entered into two contracts with North Central Railway: a 2005 earth‑work contract that was later terminated, and a 2006 Anand Vihar works contract for which it furnished a performance bank guarantee. After completing the 2006 work, the contractor sought the return of the guarantee, but the …

Snehadeep Structures Pvt. Ltd. (SSPL) entered into a supply/purchase order with Maharashtra Small Scale Industries Development Corporation Ltd. (MSSIDCL) on 30 March 1995 for the delivery of goods to the Maharashtra State Electricity Board. The contract stipulated that MSSIDCL would pay SSPL only after the goods were a…

The petitioner, Mankastu Impex Private Limited, an Indian distributor of air‑quality monitors, entered into a Memorandum of Understanding with AirVisual Limited, a Hong Kong company, appointing it as exclusive distributor in India. After AirVisual was acquired by IQAir AG, which refused to honour the MoU, the petitione…

The appellant, Bhagheeratha Engineering Ltd., was awarded four road‑maintenance contracts under the Kerala State Transport Project and, after disputes over payments, referred the matters to an adjudicator under the contract’s General Conditions. The adjudicator decided in favour of the appellant on two disputes and aga…

The appellants, a consortium formed by Bhadra International (India) Pvt. Ltd. and Novia International Consulting Aps, entered into a license agreement with the Airports Authority of India (AAI) that provided for arbitration by a sole arbitrator appointed by the AAI Chairman. After disputes arose in 2015, the AAI unilat…

Tata Sons Pvt. Ltd. initiated arbitration against Siva Industries and its promoter under an inter‑se agreement, invoking the London Court of International Arbitration. The sole arbitrator was appointed by the Supreme Court under Section 11(6) of the Arbitration and Conciliation Act, 1996. The arbitration proceeded beyo…

Srei Equipment Finance Ltd. entered into a hire‑purchase agreement for a JCB machine with Amarnath Yadav, the original owner, and the vehicle was registered with a hypothecation entry in favour of the financier. After the owner defaulted, an arbitrator awarded the loan amount to the financier, but the owner later filed…

M/S. INOX WIND Ltd. issued purchase orders to M/S. THERMOCABLES Ltd. for wind‑power cables, attaching its own standard terms and conditions which contained an arbitration clause. After the cables were found defective, INOX gave notice proposing a sole arbitrator but received no response, and filed an application under …

The parties entered into a construction contract with an arbitration clause. After several arbitrators were appointed and the proceedings stalled, the High Court fixed a six‑month deadline for a newly appointed arbitrator to render an award, which was later extended by mutual consent of the parties to 30 September 2005…

The appellant and his brother were involved in two civil suits concerning a will. The trial court dismissed the suits under Order 7 Rule 11, directing the parties to arbitrate based on a declaration by their deceased father that any future disputes should be referred to a named arbitrator. The appellant appealed, and w…

SnehaDeep Structures Private Ltd., a small‑scale industrial undertaking, obtained an arbitral award for interest on delayed payment from Maharashtra Small Scale Industries Development Corporation Ltd. The corporation filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the aw…

Hindustan Zinc Limited (HZL) operates four units and a captive power plant, and entered into open‑access agreements with Ajmer Vidyut Vitran Nigam Ltd (AVVNL) for wheeling power to three of its units. A dispute arose over unscheduled interchange (UI) charges under clauses 8 and 9 of the agreements. The Rajasthan Electr…

The appellant, a construction contractor, entered into a contract with the State of Himachal Pradesh that contained Clause 65, which stipulated that any dispute would be referred to a sole arbitrator appointed by the Engineer‑in‑Chief. When a dispute arose, the Chief Engineer appointed the Superintendent Engineer, Arbi…

The Municipal Corporation of Greater Mumbai issued a tender for water meters, which was accepted and a contract containing a clause stating "No Arbitration is allowed" was executed. The respondent filed a Section 9 application under the Arbitration and Conciliation Act, 1996 seeking an injunction, and the High Court ap…

Genus Power Infrastructure Ltd., the insured, suffered fire damage and claimed under a fire policy issued by New India Assurance Ltd. The insurer assessed the loss and the parties executed a letter of subrogation on 11 March 2011, wherein the insured accepted Rs 5.96 crore as full and final settlement. Three weeks late…

Garg Builders entered into a construction contract with Bharat Heavy Electricals Ltd (BHEL) that contained Clause 17 expressly barring any interest on monies due to the contractor. A dispute was referred to arbitration, and the arbitrator awarded pendente lite and future interest despite the clause. BHEL challenged the…

The appellant, a partner in a hotel partnership, filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 seeking to refer a civil suit filed by the other partners to arbitration. The respondents argued that serious allegations of fraud and mis‑appropriation of funds made the dispute non‑arbit…

The case arose from a partnership dispute in which one partner lodged an FIR alleging siphoning of funds and other improprieties. The appellant filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator pursuant to an arbitration clause in the partnership de…

The dispute arose from an arbitration under Clause 70 of a contract, where the arbitrator issued an award without recording any reasons, merely noting "sustained", "partly sustained" or "not sustained" in the column titled "findings". The Delhi High Court set aside the award, holding that the term "findings" required a…

The Oil & Natural Gas Corporation (ONGC) awarded a contract to Western Geco for modernising a seismic vessel, which was to be returned by 9 July 2001. The vessel was delayed until 6 May 2002 due to licensing issues for US‑origin hydrophones and subsequent substitution with Canadian ones, leading ONGC to deduct amounts …

The contractors Y. Sleebachen and others obtained three arbitration awards against the Government of Tamil Nadu for contracts. The government challenged the awards under Section 34 of the Arbitration and Conciliation Act, 1996, but while the petitions were pending the parties negotiated a settlement in which the contra…

The parties entered into a manufacturing agreement that contained an arbitration clause specifying Delhi as the venue and jurisdiction. The respondent sued the appellant in the Munsif Court, Gaya, and the appellant sought a stay of the suit under section 34 of the Arbitration Act, 1940. Subsequent applications were fil…

The parties entered into a shareholders' agreement that stipulated arbitration under ICC Rules with the venue in London and the agreement governed by Indian law. The appellants argued that, based on the English court's interpretation and the Supreme Court's endorsement in BALCO and Enercon, the seat of arbitration was …

The State of Goa contracted Praveen Enterprises for construction work and included an arbitration clause that referred all disputes to a sole arbitrator appointed by the Chief Engineer, CPWD. After terminating the contract, the contractor filed claims and the State filed counter‑claims; the State failed to appoint an a…

Khivraj Motors entered into a Joint Development Agreement (JDA) with Father A. John Bosco, who signed as President of The Gaunellian Society, and obtained a power of attorney. The Society later resolved that its President lacked authority, claiming the JDA and power of attorney were void, and filed an application under…

The State of Orissa entered into construction contracts that contained Clause 10, which dealt with additions, alterations and the execution of non‑tendered items of work, and provided that any dispute over the rate for such work would be finally decided by the Superintending Engineer. Contractors, dissatisfied with the…

The Kerala government enacted the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 to cancel arbitration clauses in agreements for the Kallada Irrigation Project, revoke arbitrators' authority and permit appeals against awards that had become "Rule of Court". The High Court of Kerala held the …

The appellant, a power distribution company, entered into a Power Purchase Agreement (PPA) with the respondent, a power generator, and disputed accounting details and rebate claims arising from monthly invoices. The dispute was taken before the Tamil Nadu Electricity Regulatory Commission (State Commission) which adjud…

The dispute arose from a US$60 million investment by HSBC PI Holdings in Avitel Post Studioz, governed by an arbitration clause designating Singapore as the seat. After alleged fraud, SIAC rendered a final award in 2014 ordering the appellants to pay the amount. The appellants challenged enforcement in India, alleging …

Amway India Enterprises Pvt. Ltd. appointed Ravindranath Rao Sindhia and Indumathi Sindhia, U.S. nationals, as distributors under a sole proprietorship agreement. The respondents filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator, and the Delhi Hi…

The Supreme Court examined whether a District Forum under the Consumer Protection Act, 1986 could extend the time for filing a response to a complaint beyond the 30 days plus a statutorily permitted 15‑day extension under s.13(2)(a), and where the 30‑day period begins. The Court held that s.13(2)(a) uses mandatory lang…

The parties had a partnership agreement providing for arbitration of disputes. An application under Section 11 of the Arbitration and Conciliation Act, 1996 was filed to appoint an arbitrator, and the presiding arbitrator later terminated the arbitration on 29 October 2007, stating that the claimant showed no interest …

The appellant, a construction contractor, entered into a contract with the Rajasthan Housing Board for the construction of houses and later claimed non‑payment of escalation costs. Clause 23 of the contract provided for a Standing Committee to settle disputes, but the Board failed to constitute such a committee, prompt…

The parties, Ankhim Holdings and Zaveri Construction, formed a partnership to develop an SRA project and later fell into dispute. The Bombay High Court appointed an arbitrator under the Arbitration and Conciliation Act, 1996 to resolve the dispute. While arbitration was pending, the respondent was admitted to corporate…

The appellant, a civil engineering contractor, entered into a contract with the Karnataka State Public Works Department and later sought arbitration for alleged delays and non‑payment, obtaining an award of Rs.14,68,239 with 18% interest. The Civil Judge, invoking Section 34 of the Arbitration and Conciliation Act, red…

Ellora Paper Mills Ltd entered into a supply contract with the State of Madhya Pradesh and, after a dispute, the parties were referred to an arbitral tribunal called the Stationery Purchase Committee, which was composed entirely of state officers. The appellant sought termination of that tribunal under Section 14 of th…

The case concerned the rehabilitation of about 800 slum dwellers in Mumbai who owned the land through a cooperative society. Susme Builders (the appellant) and J.G. Developers (respondent No.4) each claimed to have the consent of at least 70% of the eligible slum dwellers required under the Development Control Regulati…

The Madhya Pradesh Housing and Infrastructure Development Board entered into a construction contract with K.P. Dwivedi, which was later rescinded by the Board. The contractor invoked the arbitration clause, and the High Court, by consent of both parties, appointed the Housing Commissioner as arbitrator. The arbitrator …

The appellants, owners of a 14-kanal land in Ludhiana, entered into a joint‑venture agreement with the respondent builder to construct a residential‑commercial complex, which was abandoned in 1999. After termination of the agreement, the parties attempted arbitration under the Arbitration and Conciliation Act, 1996, wh…

MMTC Limited entered a Long Term Agreement with Anglo American Metallurgical Coal for the supply of coking coal, but a dispute arose over the price and unlifted quantities, leading to an arbitral award in favour of Anglo. MMTC challenged the award under Section 34 of the Arbitration and Conciliation Act, which was reje…

The appellants, nine defendants in a commercial suit filed by IL and FS Financial Services Ltd, failed to file written statements within the 30‑day period (ending 8 March 2020) and the 120‑day outer limit (ending 6 June 2020). They sought an extension on 20 January 2021, invoking the Supreme Court's suo motu orders tha…

The appellant Oriental Insurance filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the Jaipur District Court to set aside an arbitral award, but the court returned the petition for presentation before the Jodhpur court, fixing 2 April 2008 as the date of re‑presentation. The appellant r…

The Okhla Enclave Plot Holders’ Welfare Association filed a writ petition alleging that the Colonizer (Durga Builders Pvt Ltd) failed to honour the terms of the plot‑allotment agreement and that many allottees had not paid the development charges required by the Supreme Court. The Court referred four questions to the a…

The Mumbai Metropolitan Region Development Authority (MMRDA) entered into a monorail contract with a consortium comprising Larsen & Toubro (India) and Scomi Engineering Bhd (Malaysia). Disputes over interim claims led the consortium to file a petition under Section 11 of the Arbitration and Conciliation Act, 1996, asse…

The appellant, a contractor, entered into a contract with the Union of India for railway works and later issued a 'No Claims Certificate' after abandoning the work. Disputes arose and the appellant sought arbitration under Section 11(6) of the Arbitration and Conciliation Act, 1996, leading to an arbitral award that in…

The appellant, M/s Geo Miller & Co., sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 for three water‑treatment contracts dated 1979‑1985, alleging non‑payment by the respondent. The respondent contended that the cause of action arose when the final bills were presen…

The Union of India appealed against judgments that applied the Madishetti Bala Ramul decision, which interprets the Land Acquisition Act, to disputes under the National Highways Act, 1956. The Supreme Court examined whether the award under the Land Acquisition Act, deemed a government offer under Section 25, could be c…

The dispute arose from a purchase order between TRF Ltd (appellant) and Energo Engineering Projects Ltd (respondent) where the contract stipulated that any dispute be referred to the Managing Director of the buyer or his nominee as sole arbitrator. After the Arbitration and Conciliation (Amendment) Act, 2015 introduced…

Shri Lal Mahal Ltd., the seller, sought to resist enforcement of two foreign appeal awards (Nos. 3782 and 3783) passed by the Board of Appeal of the Grain and Feed Trade Association, London, on the ground that the awards contravened the contract and were contrary to public policy of India. The Delhi High Court had uphe…

Swastik Gases Pvt. Ltd. entered into a consignment agency agreement with Indian Oil Corp. that contained a clause stating the agreement was subject to the jurisdiction of the courts at Kolkata. When a dispute arose, Swastik filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 in the Rajas…

The appeal concerned four contracts entered into for the commissioning of a 2 MWp photovoltaic solar plant, three of which contained arbitration clauses while the Sale and Purchase Agreement dated 05.02.2012 did not. The Delhi High Court had dismissed an application under Section 8 of the Arbitration and Conciliation A…

The Union of India (Railway administration) entered into contracts with M/s Concrete Products & Construction Co. for supplying concrete sleepers. Overpayments were identified and the railway sought recovery, leading to arbitration where the arbitrator ordered the railway to refund the amounts with interest at 18% per a…

Omnia Technologies Ltd. entered into a marketing agreement with Dutch citizen W.M.A. Van Loosbroek on 14 January 2008, which was terminated by a separate termination agreement on 29 February 2008. Omnia alleged that Van Loosbroek failed to fulfil post‑termination obligations under Clause 13 of the original agreement an…

The appellant, C. Velusamy, and the respondent, K Indhera, entered into three sale agreements that later gave rise to arbitration. A sole arbitrator was appointed, and pleadings were completed on 20‑08‑2022, starting the 12‑month period for award under s.29A(1) of the Arbitration and Conciliation Act, 1996. The parties…

The Indian Oil Corporation (IOCL) terminated a contract with SPS Engineering for delayed work and later incurred extra costs to complete the work through an alternative agency. IOCL filed a Section 11 application under the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to decide its claim f…

I-Pay Clearing Services Pvt. Ltd. entered into a service agreement with ICICI Bank which the bank allegedly terminated abruptly, leading I‑Pay to claim Rs 95 crore. The dispute was referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, and a sole arbitrator awarded Rs 50 crore to I‑Pay. …

The Government of Haryana entered into a BOT concession agreement with M/s G.F. Toll Road Pvt. Ltd., which contained an arbitration clause requiring each party to nominate an arbitrator and the third arbitrator to be appointed by the Indian Council of Arbitration (ICA). When the State nominated a retired engineer, the …

Kanpur Jal Sansthan appealed against a High Court order that, after rejecting its Section 34 objection to an arbitral award, directed it to deposit the entire award amount while allowing the claimant to withdraw half without security. The Supreme Court held that once a Section 34 objection is rejected, the award become…

The appellant, Suresh Dhanuka, and respondent, Sunita Mahapatra, entered into a joint‑venture and a deed of assignment whereby the respondent assigned 50% of her rights in the trademark "Naturoma Herbal" to the appellant, with a covenant that the mark be marketed solely by the appellant and that neither party could use…

The dispute arose from an arbitral award dated 21 November 2004 in favour of G & T Beckfield Drilling Services, directing ONGC (the respondent) to pay a sum of US$6,56,272.34 together with interest at 12% per annum from 12 December 1998, the date the claim was affirmed. ONGC challenged the award under Section 34 of the…

Sirajuddin Kasim (P1) and his Singapore company (P2) entered into a Shareholders' Agreement (SHA) with Paramount Investments Ltd (R) for farm‑out transactions of oil and gas assets. Disputes arose and P1 and R executed a Settlement Agreement, which P2 did not sign. Before R filed a suit in the Singapore High Court, P1 …

The Union of India entered into a construction contract with M/s Bright Power Projects (I) Ltd that expressly barred any interest on amounts payable to the contractor. A dispute was referred to an arbitral tribunal, which awarded interest pendente lite from the date of reference to the date of award despite the contrac…

Essar Oil Ltd., a subcontractor of Hindustan Shipyard Ltd. (the respondent), performed work under a contract between Hindustan Shipyard and ONGC. Although ONGC sometimes paid Essar directly, the payment was made on behalf of Hindustan Shipyard and no contract existed between ONGC and Essar. A dispute over non‑payment w…

The National Highway Authority of India (NHAI) sought arbitration under the National Highways Act for compensation relating to land acquisition, resulting in an arbitral award on 03‑02‑2022. Both parties filed applications under Section 33 of the Arbitration and Conciliation Act, 1996, which were dismissed by the arbit…

Centrotrade Minerals & Metals Inc., a US corporation, contracted with Hindustan Copper Ltd. (HCL) for the sale of copper concentrate and included a two‑tier arbitration clause: first arbitration in India, with a right to appeal to an ICC arbitration in London. After an Indian arbitrator gave a nil award, the parties pr…

The respondent, Shapoorji Pallonji and Company Private Limited (SPCPL), filed counter-claims in an arbitration initiated by Black Canyon SEZ Pvt. Ltd. (BCSPL) against BCSPL and two non-signatory entities, ASF Buildtech Private Limited (ABPL) and ASF Insignia SEZ Pvt. Ltd. (AISPL), invoking the group of companies doctri…

The appellant and respondents entered into a partnership agreement in 2005 that contained an arbitration clause referring to the Indian Arbitration Act, 1940. The respondents filed a suit seeking injunction, and the appellant moved an application under Section 8 of the Arbitration and Conciliation Act, 1996 (1996 Act) …

The appellant Oriental Insurance Company Ltd issued a fire industrial all‑risk policy to the respondent M/s Narbheram Power and Steel Pvt. Ltd. After a cyclone caused alleged losses, the insurer repudiated the claim, refusing to accept liability and declined to refer the dispute to arbitration. The insured invoked Clau…

The parties entered into a contract for bauxite mining, and an arbitral award dated 9 April 2022 was issued in favour of the appellant. The respondent filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 on 11 July 2022 to set aside the award. The issue before the Supreme Court was whethe…

The dispute concerned partnership accounts where the surviving partner of Super Diamond Tools alleged that K. Mohan Rao falsified accounts and siphoned funds. An arbitrator, appointed after a court reference, found Rao guilty of fraud and awarded a sum with interest. Rao sought to set aside the award under Section 34 o…

The appellant, Dakshin Haryana Bijli Vitran Nigam Ltd., terminated a service level agreement with the respondent, Navigant Technologies Pvt. Ltd., leading to arbitration. The three‑member tribunal orally pronounced a majority award on 27‑04‑2018, but the dissenting arbitrator issued a separate opinion and the signed co…

The dispute arose from a partnership where Rajia Begum claimed a 50.33% stake based on an Admission Deed dated 17 April 2007, which she alleged was forged. The High Court, in one proceeding, referred the suit to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, while in another it refused to ap…

Bengal Chemists & Druggists Assn. appealed against an order of the National Company Law Appellate Tribunal (NCLAT) that dismissed its appeal as not maintainable because it was filed nine days after the initial 45‑day limitation period and after the additional 45‑day grace period had also expired. The appellant argued t…

Serosoft Solutions and Dexter Capital Advisors were in arbitration over unpaid fees. During the arbitration, the respondent sought additional time to cross‑examine the appellant's witness RW‑1, which the arbitral tribunal rejected, holding that sufficient opportunity had already been given. The respondent appealed to t…

Venture Global Engineering (Venture) and Tech Mahindra (formerly Satyam) entered into a joint‑venture agreement under which each held 50% of a JV company. An arbitration under the London Court of International Arbitration awarded the shares of Venture to Satyam, finding Venture in default. After the award, the former S…

M/s. Jai Balaji Industries (operational creditor) entered into MOUs with Orissa Minerals Development Company Ltd for iron ore supply, leading to arbitration awards in its favour. The corporate debtor challenged the awards under the Arbitration and Conciliation Act, 1996; the challenges were dismissed in default on 22.1…

The appellant, Morgan Securities, obtained an arbitral award granting post‑award interest of 18% only on the principal sum, while the appellant argued that interest should apply to the total award including pre‑award interest. The dispute centered on the interpretation of Section 31(7)(b) of the Arbitration and Concili…

Bharat Heavy Electricals Ltd. (BHEL) engaged Tata Projects Ltd. as a sub‑contractor to erect, test and commission two 120 MW boilers. Disputes arose and an arbitral tribunal awarded Rs.69.22 lakh on various heads and Rs.25.39 lakh as interest. BHEL challenged the award under Section 34 of the Arbitration and Conciliati…

The National Highways Authority of India awarded a highway upgrade contract to SSang Yong Engineering (respondent), which subcontracted the work to Yograj Infrastructure (appellant). After alleged delays, the respondent terminated the subcontract and invoked an arbitration clause that designated Singapore as the seat a…

Reckitt Benckiser (India) Pvt Ltd entered into a supply agreement with Reynders Label Printing India Pvt Ltd on 1 May 2014, which contained an arbitration clause. The applicant sought to include Reynders Belgium (respondent No.2), the parent company, in the arbitration, alleging that its representative Frederik Reynder…

The Kaikara Construction Company entered into a work contract with the State of Kerala and later claimed that it had completed a major portion of the work, while the State contended only 41% was done and withheld payment. The contractor invoked Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appoint…

Gujarat Composite Ltd. entered into a licence agreement with A Infrastructure Ltd. in 2005 that contained an arbitration clause, and later entered into a tripartite loan agreement with the same party and Bank of Baroda that lacked any arbitration provision. Disputes arose over possession, loan repayment, and conveyance…

The Union of India challenged an international commercial arbitration award in favour of Hardy Exploration and Production (India) Inc. by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The respondent argued that Indian courts lacked jurisdiction because the arbitration agreement s…

M/s Ferro Concrete Construction (India) Pvt. Ltd. entered into a works contract with the State of Rajasthan that contained Clause 22 prohibiting the contractor from claiming any interest on payments, arrears or balances. Disputes led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the contr…

The State of Maharashtra entered into a construction contract with Hindustan Construction Company Ltd., and after the arbitral tribunal awarded Rs. 17.81 crore to the company, the State filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award on five grounds. The applic…

The petitioners, an Afghan franchisee, sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to resolve disputes over royalty payments and renewal of franchise agreements with the respondent. The key issues were whether the Limitation Act, 1963 applied to a Section 11…

The appellant company failed to honour multiple cheques, leading the respondent to issue statutory notices under Sections 138 and 141 of the Negotiable Instruments Act and file criminal complaints. While the corporate debtor was placed under a moratorium under Section 14 of the Insolvency and Bankruptcy Code (IBC), the…

The dispute concerned a 5,082‑square‑yard land in Mulund, where the original suit (No. 1335/1988) was settled by two consent decrees dated 16‑Feb‑2005 and 03‑Oct‑2005 between the Vaity family, the housing society and other parties. M/S Chitralekha Builders and its partners were impleaded only later and were not signato…

The appellants challenged an arbitral award that had been set aside by the Delhi High Court. The High Court held the award invalid for lack of notice and hearing to the respondent, invoking Section 34(2)(a)(iii) of the Arbitration and Conciliation Act, 1996, and also made extensive remarks on the parties' conduct. The …

Future Coupons Private Ltd (FCPL) and Future Retail Ltd (FRL) challenged orders of the Delhi High Court Single Judge that enforced an emergency arbitrator’s interim award in a dispute over FRL’s sale of retail assets to Reliance. The appellants alleged that the judge denied them a fair opportunity to present their defe…

Indian Oil Corporation Ltd. (IOCL) terminated its dealership agreement with Shree Ganesh Petroleum and the dispute over the lease of the land was referred to arbitration under the dealership agreement. The arbitrator, appointed by the Director (Marketing) of IOCL, increased the lease rent from Rs.1,750 to Rs.10,000 and…