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Supreme Court

Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

28 Nov 2025

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Despite Non-Compliance with Pre-Arbitration Notice Period. The court held that the respondent's failure to respond to the notice and its conduct constituted waiver of the 30-day notice requirement under Clause 64(3)(b)(ii) of the Indian Railways Standard General Conditions of Contract.

3 Apr 2024

The applicant, S. N. Naik & Brothers, a proprietary concern, entered into a contract with the Union of India (respondent) on 23.09.2019 for constructi...

Supreme Court

Supreme Court Appoints Independent Arbitrator in Perkins Eastman v. HSCC Dispute — Clause 24 Arbitration Mechanism Invalid Due to Lack of Impartiality. The Court held that a person ineligible to act as arbitrator cannot appoint an arbitrator, relying on TRF Limited v. Energo Engineering Projects Limited.

29 Nov 2019

The Supreme Court considered an application under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, and the App...

High Court

High Court of Karnataka Allows Substitution of Arbitrator in CPWD Contract Dispute, Holding Retired Departmental Officers Ineligible Under Amended Arbitration Act. Court Appoints Former Judge as Sole Arbitrator to Resolve Multiple Contractual Disputes Arising from Six Construction Agreements.

19 Sep 2019

The dispute arose from six separate construction contracts awarded by the Central Public Works Department (CPWD) to M/s Sri Krishna Shelters Pvt. Ltd....

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

High Court

Bombay High Court Dismisses Petitions by Non-Signatories Under Section 37 of Arbitration Act. Third Parties Cannot Appeal Interim Arbitral Orders Absent Privity of Arbitration Agreement.

31 Aug 2018

The dispute arose from arbitration proceedings between Excel Metal Processors Pvt. Ltd. (respondent no.1) and Shakti International Private Limited (re...

High Court

High Court of Bombay Hears Challenge to Arbitral Award in Film Distribution Agreement Dispute. Petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises from termination of agreement over alleged plagiarism and failure to deliver a film.

11 Jul 2018

The petition under Section 34 of the Arbitration and Conciliation Act, 1996, was filed by Reliance Media Works Limited (formerly Adlabs Films Ltd.) ag...

High Court

Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate for Alleged Undue Delay in Arbitration Proceedings. Section 14(2) of Arbitration and Conciliation Act, 1996 requires de jure inability to act, not mere delay, for termination of mandate.

2 Aug 2016

The petitioners, Ramavtar B. Jajodia and Santosh Ramavtar Jajodia, filed a petition under Section 14(2) of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

29 Oct 2015

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

High Court

Bombay High Court Allows Recall of Interim Order in Arbitration Dispute Over Termination of Concession Agreement — Petitioner Granted Relief to Appoint Independent Arbitrator. The Court held that an ex parte interim order passed without hearing the Petitioner and in ignorance of bias objection to the named arbitrator must be recalled, and the matter remitted for fresh consideration under Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996.

24 Sep 2012

The Petitioner, M/s. Nagpur Sical Gupta Road Terminal Limited, a joint venture company, entered into a Concession Agreement dated 20 April 2007 with t...

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