Category: Arbitration

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Setting aside of arbitral award — Scope of interference — Courts are prohibited from rewriting contracts and should not interfere with arbitral awards unless grounds under Section 34 are met, such as violation of public policy or patent illegality. Interference is justified when an award shocks the conscience or is contrary to basic notions of justice. The scope of appeal under Section 37 is narrower than Section 34.

2025 INSC 1171 SUPREME COURT OF INDIA DIVISION BENCH SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION Vs. GMR KAMALANGA ENERGY LTD. ( Before : B. R. Gavai, CJI. and Augustine George Masih,…

Arbitration and Conciliation Act, 1996 — Section 45 — Reference to arbitration — Existence of arbitration agreement — Contract not signed by one party — Parties acted upon the contract, including lifting goods and issuing Letters of Credit — Emails confirming terms and modifications — Held, agreement to arbitrate is inferred from conduct and electronic communications, even without signatures — Mere failure to sign does not invalidate the arbitration agreement if parties’ conduct demonstrates acceptance of terms.

2025 INSC 1036 SUPREME COURT OF INDIA DIVISION BENCH GLENCORE INTERNATIONAL AG Vs. M/S. SHREE GANESH METALS AND ANOTHER ( Before : Sanjay Kumar and Satish Chandra Sharma, JJ. )…

Arbitration and Conciliation Act, 1996 — Sections 47 and 49 — Enforcement of Foreign Award — High Court found no grounds to refuse recognition of the award and held it enforceable, subject to RBI approval — Supreme Court agreed with this conclusion and directed execution proceedings to proceed.

SUPREME COURT OF INDIA DIVISION BENCH GPE (INDIA) LTD AND OTHERS Vs. TWARIT CONSULTANCY SERVICES PRIVATE LIMITED AND ANOTHER ( Before : J.B. Pardiwala and K.V. Viswanathan, JJ. ) Petition(s)…

Arbitration and Conciliation Act, 1996 vs. Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 — Works Contract — Concession Agreement for development of State Highway falls under ‘works contract’ as defined in MP Act, 1983 — MP Act, 1983 has overriding effect on Arbitration and Conciliation Act, 1996 for such contracts — Private arbitration under 1996 Act is inoperative and void ab initio where MP Act, 1983 mandates adjudication by Madhya Pradesh Arbitration Tribunal.

2025 INSC 907 SUPREME COURT OF INDIA DIVISION BENCH UMRI POOPH PRATAPPUR (UPP) TOLLWAYS PVT. LTD. Vs. M.P. ROAD DEVELOPMENT CORPORATION AND ANOTHER ( Before : J.B. Pardiwala and R.…

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Existence of arbitration agreement — High Court dismissed appellant’s application under Section 11 on the ground that no arbitration agreement existed — Clause 13 of contract relied upon as arbitration agreement — Clause stated that for parties other than Govt. Agencies, redressal of disputes “may be sought” through arbitration — Supreme Court held that use of “may be sought” indicates no subsisting agreement to use arbitration — Clause was an enabling provision if parties agreed, not a binding agreement.

2025 INSC 874 SUPREME COURT OF INDIA DIVISION BENCH BGM AND M-RPL-JMCT (JV) Vs. EASTERN COALFIELDS LIMITED ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. ) Civil Appeal…

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