Topic
Delhi High Court dismisses appeal, upholding arbitral award and confirming narrow scope of judicial review under Sections 34 and 37 of the Arbitration Act.
The Karnataka High Court has ruled that Joint Development Agreements for residential apartments do not fall under commercial disputes merely by virtue of being construction-related. The judgment mandates a strict, context-sensitive reading of Section 2(1)(c)(vi), protecting individual homebuyers and small developers from mandatory commercial court jurisdiction unless the agreement clearly meets statutory thresholds for commercial activity.
The Madhya Pradesh High Court has ruled that when an arbitration award is remanded for fresh adjudication, the tribunal is bound by prior judicial findings on state-caused delay and cannot revisit or negate them. This reinforces the doctrine of judicial finality in construction arbitration, protecting contractors from arbitrary recalculations of delay liability even after remand.
Karnataka High Court rules that contractors cannot claim price escalation post-tender rejection, even if work commenced, as oral assurances are unenforceable against written tender conditions. The judgment reinforces that public procurement contracts must strictly adhere to their explicit terms, protecting government entities from unintended financial liabilities.
Karnataka HC dismisses a contractor’s price escalation claim, ruling that promissory estoppel does not apply without a clear, binding promise beyond the contract’s terms. The court upheld rescission due to breach and denied relief for unproven losses, reinforcing strict adherence to contractual clauses in public procurement disputes.