Supreme Court
No Immediate Challenge To Arbitrator's Rejection Of Jurisdiction Plea; Must Wait For Final Award: Supreme Court
The Supreme Court has recently held that when a claim is challenged as time-barred to question an arbitrator's jurisdiction, and the arbitrator rejects that objection, the party cannot challenge it midway and must wait until the final award. A Division Bench of Justices Sanjay Kumar and K. Vinod Chandran observed that "In that situation, there is no option for the party aggrieved by the decision of the arbitrator upon the application filed under Section 16 except to wait till the conclusion of...
OYO Moves Supreme Court Against Gujarat HC Ruling On Arbitral Award Execution In Dispute with Meridian Hotels
OYO Hotels and Homes Pvt Ltd has approached the Supreme Court challenging a Gujarat High Court ruling that declined to interfere with execution proceedings enforcing an arbitral award in favour of Meridian Hotels Pvt Ltd in a dispute arising out of a hotel management agreement. The matter is likely to be heard on May 11 by a bench of Justices P.S. Narasimha and Alok Aradhe. The ruling under challenge was delivered on February 19, 2026. The dispute stems from a 2018 Management Services...
Supreme Court Refuses To Interfere With ₹66.31 Lakh Award In Favour Of Aakash In Coaching Franchise Dispute
The Supreme Court of India on Tuesday dismissed a plea by Paramount Learning Solutions in a franchise dispute involving an Aakash Educational Services Ltd. coaching centre. It declined to interfere with the Delhi High Court's judgment of August 7, 2025, which had upheld an arbitral award in favour of Aakash. A Bench of Justices P.S. Narasimha and Alok Aradhe declined to interfere with the High Court's ruling. The High Court had affirmed an arbitral award relating to the operation of an Aakash...
Supreme Court Stays Arbitration In ₹36.53 Crore AP E-Challan Dispute Involving Digi Yatra Developer
The Supreme Court recently stayed further arbitration proceedings in a Rs. 36.53 crore dispute between the Andhra Pradesh government and Dataevolve Solutions Pvt. Ltd., the developer of the Digi Yatra app, over settlement of accounts under an e-challan software contract. A Bench led by Chief Justice Surya Kant and comprising Justice Joymalya Bagchi and Justice Vipul M. Pancholi issued notice on the State's special leave petition challenging the Andhra Pradesh High Court's order appointing a...
LiveLawBiz Arbitration Cases Weekly Digest: April 20- April 25, 2026
Nominal IndexV.K. John S. Mukanchand Bothra and HUF (Died) Represented By Lrs. & Ors., 2026 LLBiz SC 163Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi, 2026 LLBiz SC 168UPM Kymmene Corporation v. The State Trading Corporation of India Ltd., 2026 LLBiz HC (DEL) 413Delhi Jal Board v. M/s Metro Waste Handling Private Limited, 2026 LLBiz HC (DEL) 394Titagarh Rail Systems Limited v. Railway Board, Ministry of Railways, 2026 LLBiz HC (DEL) 406Indian Sugar Exim Corporation Limited v. Sakuma...
Unsuccessful Party Can Seek Interim Relief Under Arbitration Act: Supreme Court
The Supreme Court of India on Friday held that any party to an arbitration agreement, including one that has been unsuccessful in arbitral proceedings and has no enforceable award in its favour, is entitled to seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996. It clarified that such relief can be sought at the post-award stage but before enforcement. A Bench of Justice Manmohan and Justice Manoj Misra observed that “Section 9 of the Act commences with the...
Legal Representatives Have Right To Challenge Arbitral Awards That Bind Them: Supreme Court
The Supreme Court on Monday held that if an arbitral award can be enforced against the legal representatives of a deceased party, they must also have the right to challenge it under the law, holding that such representatives “step into the shoes” of the deceased for the purposes of arbitral proceedings. A bench of Justices Sanjay Karol and Vipul M. Pancholi observed that the Arbitration and Conciliation Act is a self-contained code and emphasises continuity of arbitral proceedings, particularly...
LiveLawBiz Arbitration Cases Weekly Digest: April 13- April 18, 2026
Nominal IndexVPS Healthcare Private Limited & Anr v. Prabhat Kumar Srivastava & Anr, 2026 LLBiz SC 150J&K Economic Reconstruction Agency v. Rash Builders India Private Limited, 2026 LLBiz SC 155Nagreeeka Indcon Products Pvt. Ltd. v. Cargocare Logistics (India) Pvt. Ltd., 2026 LLBiz SC 158CCDM Holdings LLC v The Republic of India S90/2025Austin Hyundai (Austin Distributors Pvt Ltd) v. Axalta Coating Systems India Pvt Ltd, 2026 LLBiz HC (DEL) 387MSA Global LLC (Oman) v. Engineering...
'Can' In Arbitration Clause Implies Choice, No Mandatory Arbitration Without Clear Agreement: Supreme Court
The Supreme Court on Friday held that an arbitration clause using the word “can” does not make arbitration mandatory, ruling that parties cannot be compelled to arbitrate unless there is a clear and binding agreement to that effect under Section 7 of the Arbitration and Conciliation Act, 1996.A Division Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh held that the clause in question only indicates a possibility of arbitration and not a binding obligation. “The clause...
Supreme Court Dismisses Paharpur Plea Against Sinnar Thermal Power, Bars Arbitral Award Execution Post CIRP
The Supreme Court on Friday dismissed the special leave petition filed by Paharpur Cooling Towers Ltd. against Sinnar Thermal Power Ltd., effectively affirming the Delhi High Court's order dated February 11, which held that once a resolution plan is approved under the Insolvency and Bankruptcy Code (IBC), claims cannot be pursued through parallel arbitral award execution proceedings.A Bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe, after hearing the parties, dismissed the...
Seat Alone Determines Jurisdiction, Not Where Arbitration Is Conducted Or Award Is Pronounced: Supreme Court
The Supreme Court of India has set aside an order of the Jammu and Kashmir and Ladakh High Court which had declined to hear a challenge to an arbitral award on the ground that it was delivered in New Delhi, holding that jurisdiction lies with courts at the seat of arbitration and cannot shift based on where proceedings are conducted or the award is rendered. A Bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe said, “The mere fact that arbitral proceedings are conducted or the award...
Courts Can Refuse To Appoint Arbitrator In Rare Cases Where No Arbitration Agreement Exists: Supreme Court
The Supreme Court on Thursday held that courts may refuse to refer parties to arbitration at the Section 11 stage in the rarest of rare cases where, even on a prima facie view, no arbitration agreement exists, carving out a narrow exception to the principle of minimal judicial interference. Clarifying that judicial scrutiny at the stage of appointing arbitrators is otherwise limited to examining the prima facie existence of an arbitration agreement and that courts should follow the principle of...