Arbitration and Conciliation Act, 1996

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 State of Goa challenged an arbitral award granted to Mis. Western Builders. After the award, the State filed a petition under the Arbitration Act, 1940, which was dismissed on the ground that the Arbitration and Conciliation Act, 1996 governed the matter. The State then sought condonation of delay under Section 14 …

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 …

A complaint was filed before the National Consumer Disputes Redressal Commission (NCDRC) which the parties agreed to refer to arbitration. An arbitrator was appointed on 19‑May‑1995 and rendered an award on 19‑Aug‑1996, which the Commission accepted. The Supreme Court later held that the NCDRC could not refer the matte…

The dispute concerned the ownership and possession of a flat allotted by MHADA, claimed by Haresh Dayaram Thakur and his brothers. The Bombay High Court appointed a retired judge as conciliator, who conducted meetings and prepared a settlement proposal but sent the report to the court in a sealed envelope without discl…

Milk Food Ltd. entered into a contract with GMC Ice Cream (P) Ltd. containing an arbitration clause that referred disputes to arbitration under the Arbitration Act, 1940 or any statutory modification. A suit for injunction was filed, and Milk Food obtained a stay under Section 34 of the 1940 Act. The parties later agre…

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…

Bharat Coking Coal Ltd entered into a contract with M/s. Annapurna Construction which later gave rise to a dispute. An arbitrator was appointed under the Arbitration Act, 1940 and awarded a sum to the respondent; the award was set aside by the Supreme Court because the arbitrator failed to consider relevant contract cl…

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…

Shree Baidyanath Ayurved Bhawan Pvt. Ltd. entered into a distribution agreement with M/s S. Bhatia Enterprises that contained an arbitration clause designating the court at Jhansi, U.P., as the forum for disputes. Disagreements led to the appointment of two different arbitrators, each issuing an award, and the parties …

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 …

Mis. Fuerst Day Lawson Ltd. entered into a supply contract with Jindal Exports Ltd. which gave rise to a dispute arbitrated before the International General Produce Association, resulting in a foreign award dated 13 August 1996. The award was sought to be enforced in Delhi High Court, but the court dismissed the execut…

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…

Ace Pipeline Contracts Private Ltd. entered into a pipeline contract with Bharat Petroleum Corporation Ltd. that contained Clause 91, appointing the Director (Marketing) of BPCL or his nominee as sole arbitrator. When a dispute arose, Ace wrote to the Director requesting arbitration and asked that a retired Supreme Cou…

Three brothers dissolved their partnership in 1987 but later disagreed over the division of immovable assets. After numerous letters seeking an amicable settlement, the last correspondence was dated 29 September 1989. The appellants filed a petition under Section 20 of the Arbitration Act, 1940 on 8 May 1992 to refer t…

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 dispute arose between two branches of the Modi family over the division of assets and companies following a 1989 Memorandum of Understanding (MOU). Clause 9 of the MOU referred any implementation disputes to the Chairman of the Industrial Finance Corporation of India (IFCI), whose decision was final and binding. Th…

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 plaintiffs, heirs of a deceased partner, sued the defendants for a declaration that a partnership deed dated 17‑Feb‑1992, which omitted the deceased partner, was illegal and void, and for rendition of accounts and share of profits. The defendants sought to stay the suit and refer the dispute to arbitration, invokin…

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 State of West Bengal entered into construction work contracts with the respondent, who completed the work in 1990 and later claimed additional payment in 1993, leading to a request for arbitration. An arbitrator was appointed under the Arbitration Act, 1940 in September 1994, but failed to act, prompting the respon…

Fargo Freight Ltd., the owner of a vessel, chartered it to the first respondent and claimed freight and demurrage. Because RBI permission was required, the first respondent issued an irrevocable standby Letter of Credit (L/C) through the third respondent (the issuing bank). A dispute arose over demurrage, leading to ar…

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…

A dispute arose under an arbitration agreement between Yashwith Constructions and Simplex Concrete Piles. The Managing Director of the respondent appointed an arbitrator, who later resigned; the MD then appointed a substitute arbitrator pursuant to the agreement. The petitioner applied to the Chief Justice of the High …

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…

Mis BSES Ltd. (now Reliance Energy Ltd.) awarded a captive power plant contract and issued four work orders to M/s Fenner India Ltd., which furnished four unconditional, irrevocable bank guarantees from State Bank of India. Under a "wrap‑around" agreement, BSES was entitled to encash the guarantees for any breach of th…

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…

Visa International Ltd. and Continental Resources (USA) Ltd. entered into a Memorandum of Understanding (14‑Feb‑2005) and a subsequent agreement (15‑Feb‑2005) to set up an integrated aluminium complex, containing Clause VI which provided that any dispute not settled amicably would be finally settled under the Arbitrati…

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 Kerala State Science & Technology Museum, a state‑owned society, entered into a construction contract with Rambal Company (Respondent No. I). After alleged breach, the museum terminated the contract and later issued a demand notice under Section 34 of the Revenue Recovery Act, 1968 for Rs 22,10,303. The respondent …

The Supreme Court examined the constitutional validity and practical effect of numerous amendments to the Code of Civil Procedure (CPC) made by the 1999 and 2002 Amendment Acts. It held that the requirement of filing an affidavit under Section 26(2) and Order VI Rule 15(4) imposes additional responsibility on deponents…

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…

The plaintiff filed a suit for recovery of Rs 9,48,143 relating to consignments and samples supplied. The defendants sought to refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, relying on three invoices issued by a proprietary concern of one defendant that contained an arbi…

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…

M/s Unissi (India) Pvt Ltd entered into a tender with the Post Graduate Institute of Medical Education & Research (PGI) for the purchase of pulse oximeters. The tender documents contained an arbitration clause. PGI accepted the tender, the goods were supplied, installed and used for about a year, after which PGI return…

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 …

CMC Ltd entered into a technology upgrade agreement with Unit Trust of India that contained an arbitration clause stating that each party would appoint an arbitrator and that the arbitration would be conducted in accordance with the Indian Council of Arbitration (ICA) Rules. A dispute arose; the respondent named an arb…

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…