ARBITRATION
Mozambique Coal Mine Dispute: Delhi High Court Refuses To Stay $10.53 Million Bank Guarantee Encashment
The Delhi High Court recently dismissed a petition filed by Black Gold Resources Private Limitada to prevent the termination of its coal mining contract in Mozambique as well as the invocation of a $10.5 million Performance Bank Guarantee (PBG) by International Coal Ventures Pvt. Ltd. and Minas De Benga Limitada. While withdrawing an earlier interim stay, Justice Jasmeet Singh on December...
MBBS Seat Row: Delhi High Court Quashes Executing Court's Order Compelling Jamia Hamdard University To Grant Consent Of Affiliation
The Delhi High Court on 17th December set aside an order dated 8th December 2025, of the Executing Court which directed Jamia Hamdard Deemed to be University to issue a Consent of Affiliation (CoA) for 150 MBBS seats at the Hamdard Institute of Medical Sciences & Research (HIMSR). The Court ruled that the executing court had acted beyond its jurisdiction by deciding matters outside the...
Claimant Can Pursue Alternate Remedy For Severed Part Of Award Without Limitation Bar: Bombay High Court
The Bombay High Court has held that time spent in earlier arbitral proceedings can be excluded while computing limitation, even if only part of an arbitral award is set aside and fresh proceedings arise from a different agreement. A single bench of Justice Sandeep V Marne, in an order dated December 17, 2025, said Section 43(4) of the Arbitration and Conciliation Act allows exclusion of...
Delhi High Court Upholds Stay On ICC Arbitration In Oman-India Border Security Dispute, Dismisses MSA Global's Appeal
The Delhi High Court has upheld an anti-arbitration injunction issued by a single judge to discontinue an ICC arbitration between Engineering Projects India Ltd (EPIL) and MSA Global LLC (Oman). The Division Bench comprising of Hon'ble Mr. Justice Anil Kshetarpal and Hon'ble Mr. Justice Harish Vaidyanathan Shankar on 12th December, 2025 has affirmed that New Delhi was the arbitral seat and...
S. 37 Arbitration | Arbitral Awards Not Liable To Set Aside On Mere Error In Law Or Misappreciation Of Evidence : Supreme Court
The Supreme Court on Thursday (December 18) overturned the Chhattisgarh High Court's judgment, holding that the High Court had exceeded its jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996 by effectively acting as an appellate court, re-appreciating the evidence, and substituting its own interpretation in place of the arbitral award. “High Court, in exercise...
Bombay High Court Upholds Validity Of ODR Clause, Refuses Substitution Of Arbitrator Appointed Through ODR Platform
The Bombay High Court has upheld the validity of an Online Dispute Resolution (“ODR”) clause as well as the arbitrator appointment process conducted through an ODR platform. The Petitioner i.e. Amit Chaurasia (“Chaurasia”) filed an application for substitution of arbitrator. The Bench of Justice Somasekhar Sundaresan reviewed the contract between the parties and observed that...
Issues About Party's Capacity To Invoke Arbitration And Maintainability Issues Fall Within Tribunal's Domain : Supreme Court
The Supreme Court on Wednesday (December 17) reiterated that the questions related to whether an individual is a veritable party to an arbitration agreement, eligible to invoke the arbitration clause, shall be referred for the Arbitral Tribunal's consideration. A Bench comprising Justice P.S. Narasimha and Justice Atul S. Chandurkar declined to interfere with the Telangana High Court's...
Extra Profit Received By Broker Due To Technical Glitch Not Unjust Enrichment: Bombay High Court Upholds Award In Favour Of Kotak Securities
The Bombay High Court has held that profits earned by a client by utilising an increased trading margin erroneously reflected due to a technical glitch in the broker's system cannot be treated as “unjust enrichment”. The Court observed that mere availability of margin created an opportunity to trade, but the profits ultimately arose from the client's skill and risk-taking, and...
Bombay High Court Upholds Arbitral Award Granting Specific Performance Of Development Agreement Between BTRA & Nilkanth Enterprise
The Bombay High Court recently dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) upholding a 2017 arbitral award directing specific performance of a long negotiated development transaction concerning 57,000 sq. m. of land in Ghatkopar (West), Mumbai. Justice Somasekhar Sundaresan held that “there is nothing on record to show...
Withdrawal Of Consent Of Affiliation By Jamia Hamdard Violated Orders, Frustrated Arbitral Process: Delhi High Court Restores 150 MBBS Seats
The Delhi High Court on December 8th, 2025 held that the withdrawal of the Consent of Affiliation (CoA) by Jamia Hamdard Deemed University (JHDU), necessary for the 150 MMBS seats in the Hamdard Institute of Medical Sciences & Research (HIMSR) violated the binding arbitral and court orders, “frustrating” the arbitral process. The Bench comprising of Justice Jasmeet Singh, holding...
Review Petition Can't Be Entertained Against Order Refusing To Appoint Arbitrator: Kerala High Court
The Kerala High Court held that review petitions challenging orders passed under section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) are not maintainable, reiterating that the arbitration act is a self contained code and does not permit substantive review unless expressly provided. Justice S. Manu dismissed a review petition filed against an order passed by...
S.11 Arbitration Plea Not Maintainable Without Valid S.21 Notice; Email Suggesting Arbitrator Appointment Insufficient: Kerala High Court
The Kerala High Court dismissed an arbitration request filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) holding that the applicants failed to send a valid notice under section 21 which is a pre-condition for invoking jurisdiction of the court for appointment of an arbitrator. Justice S. Manu held that email relied upon by the applicants...