Fresh Arbitration Notice is Mandatory For Second Round Of Arbitration After Earlier Award Is Set Aside: Kerala High Court

The Kerala High Court has held that a fresh arbitration notice under section 21 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is mandatory for initiating a second round of arbitral proceedings after an earlier arbitral award has been set aside even when the award was declared as a nullity due to invalid appointment of the arbitrator. Justice S. Manu while dismissing the Arbitration petitions held that once an arbitral award is issued, the arbitration proceedings stand...

Bombay High Court Quashes ₹173.72 Cr Arbitral Award Against Thermax, Holds Arbitrator's Findings To Be Based On Lack Of Evidence

The Bombay High Court has recently set aside an arbitral award that mandated engineering giant Thermax Limited to pay ₹173 crore in favor of Rashtriya Chemicals & Fertilizers Ltd. (RCF). The award primarily directed payments towards the additional costs RCF incurred for power due to failure of gas turbine generators. Considering a challenge under Section 34 of the Arbitration and Conciliation Act, the Bench comprising of Justice R.I Chagla, determined that the findings of the arbitral...

Municipal Corporations Not Entitled To Unconditional Stay U/S 36 A&C Act; Treated At Par With Private Parties: P&H High Court

The Punjab and Haryana High Court Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry has observed that being a statutory body does not entitle a party to claim unconditional grant of stay under Section 36, Arbitration and Conciliation Act (“ACA”) as a matter of right. And if a conditional stay is granted, a statutory body is to be treated at par with a private party. Facts Th Appellants i.e. Municipal Corporation of Jalandhar and Moga (“Municipal Corporations”) filed the...

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 17, 2025, noted that the petitioner had not proven "irretrievable harm" and that the issues at hand were...

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 scope of the arbitral order and the statutory framework. A Division Bench comprising of Justices Anil...

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 such time as long as the dispute formed part of the earlier arbitration. “When claimant in such a case...

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 not Singapore and declared that the arbitration had become "oppressive and vexatious" particularly in view...

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 the parties had agreed to ODR at the hands of an ODR agency. The ODR agency had given opportunities to the...

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 not automatically from the margin itself.Justice Sandeep V. Marne was hearing a petition filed by Kotak Securities...

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 that Nilkanth was unwilling or incapable of performing its part of the bargain. This contention too does not...

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 that “JHDU was fully aware of the subsisting obligations” under the arbitral award and yet “there was no legally...

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 the court refusing to appoint the arbitrator, holding that the High Court becomes functus-officio after...