Bombay High Court on Interim Measures in Arbitration: Enforceability of Undisputed Invoices and Third-Party Directions under Section 9

Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

Date: 08.08.2026

Bombay High Court on Interim Measures in Arbitration: Enforceability of Undisputed Invoices and Third-Party Directions under Section 9

This article provides a comprehensive overview and analysis of the Bombay High Court’s judgment in the commercial appeals involving Valentine Maritime Ltd (VML), Kreuz Subsea Pte Limited (KSS), and Oil and Natural Gas Corporation Ltd (ONGC). The case centers on interim measures granted in arbitration proceedings, the enforceability of undisputed invoices, and the rights of subcontractors and third parties in complex commercial contracts.

Background of the Dispute

• Parties Involved:
  • Valentine Maritime Ltd (VML): Contractor, incorporated in Liberia, with operations in Abu Dhabi.
  • Kreuz Subsea Pte Limited (KSS): Subcontractor, incorporated in Singapore.
  • Oil and Natural Gas Corporation Ltd (ONGC): Principal employer, based in Mumbai, India.
• Project Scope:
  • ONGC contracted VML for subsea pipeline installation and related works.
  • VML subcontracted part of the work to KSS.
• Key Contractual Events:
  • ONGC awarded the contract to VML in August 2019.
  • VML appointed KSS as subcontractor in October 2019.
  • Disputes arose over payment of invoices, performance guarantees, and liquidated damages.

Core Issues in the Case

1. Non-Payment of Invoices:
   • KSS claimed VML failed to pay for work completed and certified by ONGC, despite VML receiving payment from ONGC.
   • VML withheld payments citing KSS’s failure to provide a performance bank guarantee and alleged delays.
2. Interim Measures under Arbitration Act:
   • KSS sought interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, requesting the court to secure payment by directing VML (or, failing that, ONGC) to deposit the disputed amount in court.
3. Impleadment of ONGC:
   • ONGC challenged its inclusion as a party, arguing there was no arbitration agreement between ONGC and KSS.

Court’s Analysis and Findings

1. Undisputed Invoices and Payment Obligations

• The court found that VML was contractually obligated to pay KSS within 7 days of receiving payment from ONGC for work certified by ONGC.
• VML did not dispute the May 2020 invoices within the stipulated 5-day period, making the claim crystallized and undisputed.
• VML’s subsequent attempts to withhold payment based on counterclaims (liquidated damages, performance guarantees) were not valid grounds to delay payment of undisputed invoices.

2. Interim Measures and Security for Claims

• The court upheld the Single Judge’s order directing VML to deposit the amount of US $2,403,073 (the value of the May 2020 invoices) in court.
• If VML failed to deposit, ONGC was directed to deposit the amount from sums due to VML, ensuring KSS’s claim was secured pending arbitration.
• The court emphasized that such interim measures are essential to preserve the efficacy of arbitration and prevent frustration of the arbitral process.

3. Impleadment and Orders Against Third Parties (ONGC)

• The court clarified that while ONGC was not a party to the arbitration agreement between VML and KSS, it could be impleaded in Section 9 proceedings if its interests were likely to be affected.
• The court has the power to direct third parties to deposit amounts in court to secure claims, provided such orders do not adjudicate disputes between the third party and the parties to the arbitration agreement.

4. Legal Principles Applied

• The court relied on established precedents regarding:
  • The enforceability of undisputed invoices.
  • The scope of interim measures under Section 9 of the Arbitration Act.
  • The ability to grant orders against third parties to secure the subject matter of arbitration.

Key Takeaways and Implications

• Prompt Dispute Notification: Parties must raise disputes within contractually stipulated periods; failure to do so can crystallize claims and limit defenses.
• Securing Claims in Arbitration: Courts can order deposits or security to protect the interests of claimants in arbitration, especially where there is a risk of dissipation of assets or non-payment.
• Third-Party Involvement: Even non-signatories to the arbitration agreement (like ONGC) can be directed to act (e.g., deposit funds) if necessary to secure the subject matter of the dispute.
• Balance of Equities: The court balanced the interests of all parties, ensuring that interim measures did not prejudice ONGC’s rights vis-à-vis VML.

Conclusion

The Bombay High Court’s judgment in this case reinforces the importance of honoring contractual payment mechanisms, the role of interim measures in arbitration, and the court’s willingness to secure claims even against third parties when justice so requires. The decision provides valuable guidance for contractors, subcontractors, and employers involved in large infrastructure projects and complex commercial arbitrations.

Connected Matter

Bombay High Court’s Analysis of Interim Relief and Contractual Obligations under Section 37 of the Arbitration and Conciliation Act, 1996

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Source: Bombay High Court

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