Bombay High Court holds that a party cannot withhold payments under a contract merely due to pending criminal proceedings without filing a formal claim for recovery.
Bombay High Court sets aside arbitration award directing refund of brokerage for authorized trades, reaffirming that regulatory lapses don't justify equitable compensation.
Supreme Court clarifies that courts can extend arbitrator's mandate under Section 29A even after award is passed beyond statutory limit, holding such awards unenforceable but not nullifying extension applications.
Supreme Court holds that arbitration cannot proceed when the agreement itself is alleged to be forged, affirming that consent is the bedrock of arbitral jurisdiction.
Supreme Court holds that disputes involving serious allegations of forgery regarding the arbitration agreement itself are non-arbitrable and require judicial determination.
Delhi High Court sets aside arbitral award for failing to explain denial of interest and costs, affirming that unreasoned awards conflict with public policy under Section 34 of the Arbitration Act.
Madras High Court condones 231-day delay in filing Section 34 petition under Arbitration Act, emphasizing commercial litigation standards and conditional relief.
Supreme Court holds that only the Principal Civil Court or High Court with ordinary original jurisdiction can extend arbitral timelines under Section 29A, regardless of who appointed the arbitrator.
Delhi High Court clarifies that mere arbitration venue does not confer jurisdiction; seat must be agreed or determined. Section 42 vests exclusive control in court first approached where cause of action arises.
Chhattisgarh High Court holds that mutual consent of parties to appoint a retired judge as sole arbitrator supersedes procedural defaults under Section 11(6) of the Arbitration Act.
Madras High Court holds that at Section 11 stage, courts must only verify existence of a valid arbitration agreement-factual disputes are for the arbitrator to decide.
Chhattisgarh High Court upholds enforceability of arbitration clause despite prior stay on termination, affirming party autonomy and procedural compliance under the Arbitration Act.
Bombay High Court holds that Section 9 petitions may be converted to Section 17 applications once arbitral tribunal is constituted, clarifying procedural boundaries for interim relief in arbitration.
Calcutta High Court sets aside arbitral awards under Section 34 of the Arbitration Act, holding that decisions based on non-existent evidence are perverse and liable to be interfered with.
Madras High Court sets aside arbitral award for patent illegality under Section 34(2)(a) of the Arbitration Act for failing to decide a framed issue on settlement of dues.