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High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Recovery Case Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Award of Rs.1,26,46,303/- with Interest at 12% Per Annum. The court held that the arbitrator had applied his mind and there was no violation of natural justice or public policy.

23 Dec 2025

The case involves a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Manmohan Bhimsen Goyal and Kavita Manmohan Goyal ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

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...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Coal Supply Contracts — Failure to Provide Load Port Report Constitutes Dispute. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11(6) of Arbitration and Conciliation Act, 1996.

29 Feb 2024

The petitioner, Era International, a partnership firm engaged in importing coal, entered into three sale contracts with the respondent, Aditya Birla G...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award Based on Unilateral Appointment of Arbitrator. Unilateral Appointment Does Not Violate Section 12(5) Read with Seventh Schedule When Arbitrator Not Disqualified and Objection Waived by Participation.

1 Mar 2023

The petitioners, Hanuman Motors Pvt. Ltd. and another, challenged an arbitral award passed by a sole arbitrator appointed by the respondent, M/s. Tata...

Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

Supreme Court

Supreme Court Dismisses Appeal by Central Organisation for Railway Electrification Against Appointment of Independent Arbitrator in Contract Dispute. Statutory Ineligibility Under Section 12(5) of Arbitration Act Prevents Serving and Retired Railway Officers from Acting as Arbitrators Despite Contractual Clause.

17 Dec 2019

The appellant, Central Organisation for Railway Electrification, awarded a work contract to the respondent, a joint venture company, on 20.09.2010. Th...

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...

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 Petition Challenging Arbitral Award in Loan Recovery Dispute — Upholds Award of Rs. 3.01 Crore with 18% Interest. Court holds that the Arbitrator's findings on liability and interest rate are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

4 Mar 2019

This judgment arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by Meenu Arora, Raj Kumar Arora, Ethics Exp...

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