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Category: Arbitrator

  • Karnataka HC: Courts Cannot Re-Appreciate Evidence to Find Patent Illegality in Arbitral Award

    Karnataka HC: Courts Cannot Re-Appreciate Evidence to Find Patent Illegality in Arbitral Award

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

    Date: 23.09.2026

    Karnataka HC: Courts Cannot Re-Appreciate Evidence to Find Patent Illegality in Arbitral Award

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    The Karnataka High Court has reaffirmed the limited scope of judicial interference with arbitral awards, holding that courts exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 cannot re-appreciate evidence or interfere merely because another interpretation of the contract may be possible.

    A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Joshi dismissed an appeal filed by the State Project Director, Rashtriya Madhyamika Shikshana Abhiyana, thereby leaving undisturbed an arbitral award of โ‚น60,24,774 towards price escalation, along with interest, in favour of Mycon Construction Ltd.

    Dispute Over Price Adjustment Clause in Government Construction Contract

    • The dispute arose from a tender floated for the construction of model schools and the upgrading and strengthening of existing Government High Schools across 30 districts of Karnataka.
    • Mycon Construction Ltd. emerged as the successful bidder for construction work under Package A-B. The parties consequently executed a construction agreement dated 15 May 2013, consisting of General Conditions of Contract and Special Conditions of Contract. Additional work was subsequently entrusted to Mycon, leading to a supplementary agreement dated 14 March 2017.
    • The controversy centred on Clause 39 โ€” the Price Adjustment Clause.
    • Although the original tender material available on the e-procurement portal contained a note stating that the โ€œprice adjustment clause may be treated as deleted,โ€ the agreements actually executed by the parties in 2013 and 2017 continued to contain Clause 39.

    Arbitrator Awards โ‚น60.24 Lakh Against Claim of โ‚น1.22 Crore

    • During execution of the project, Mycon raised bills claiming amounts under the price adjustment mechanism. The State objected, eventually resulting in arbitration.
    • The Arbitral Tribunal adopted the fast-track procedure and delivered its award on 8 September 2023.
    • Against Mycon’s claim of โ‚น1,22,81,956, the Tribunal partly allowed the claim and awarded โ‚น60,24,774 along with interest, holding that the Price Adjustment Clause was valid.
    • The State challenged the award under Section 34, but the Commercial Court dismissed its petition on 2 December 2024. This led to the Section 37 appeal before the Karnataka High Court.

    State: Price Adjustment Clause Was Intended to Be Deleted

    • The State’s principal argument was that the tender/RFP had indicated that the Price Adjustment Clause was to be treated as deleted.
    • It contended that Clause 39 had found its way into the final agreement only because the agreement was erroneously signed by the State Project Engineer. According to the State, Mycon could therefore not claim any amount under that provision.
    • The State further argued that when the tender note expressly contemplated deletion of the Price Adjustment Clause, the authority signing the contract on behalf of the Government could not subsequently incorporate that clause into the agreement.
    • The State also invoked Article 299 of the Constitution, contending in effect that Clause 39 should be treated as non-existent because it had allegedly been incorporated without authority.

    Signed Contract Expressly Contained Clause 39

    • The High Court considered it significant that there was no dispute that the final agreement signed by the parties expressly contained Clause 39.
    • While the e-procurement portal carried the note that Clause 39 โ€œmay be treated as deleted,โ€ the agreement ultimately executed by the parties neither contained such a note nor had Clause 39 scored out.
    • The State did not dispute that the signed agreement contained the provision.
    • Clause 39 itself provided for adjustment of the contract price for increases or decreases in rates and prices of labour, materials, fuels and lubricants, subject to the contractual formula and conditions.
    • The High Court further recorded that there was no controversy regarding the calculation of the โ‚น60,24,774 escalation amount in accordance with Clause 39. The dispute was essentially whether Clause 39 formed part of the parties’ agreement at all.

    Mycon: Bid Was Reduced Because Price Adjustment Protection Was Available

    • Mycon’s original bid was โ‚น7,22,96,246.41, which was subsequently reduced during negotiations to โ‚น6,70,56,696.
    • The contractor contended that it had agreed to the reduction because the contract contained a Price Adjustment Clause. It also claimed that during a meeting held on 13 February 2013, the concerned authorities had indicated that higher premiums were unnecessary because price adjustment protection was available.
    • Mycon additionally relied upon a Government Order dated 26 November 2004, under which a price adjustment clause was to be included in works contracts where the estimated cost put to tender was โ‚น100 lakh or more and the completion period was 12 months or more.

    Tribunal Was Entitled to Interpret the Contract: High Court

    • The Arbitral Tribunal had rejected the State’s contention that the words โ€œmay be treated as deletedโ€ automatically meant that Clause 39 had ceased to form part of the contract.
    • The Tribunal instead relied upon the final signed agreement, which retained Clause 39 without any note stating that it should be deleted.
    • It therefore held that the executed agreement could not be read as excluding Clause 39 merely because of the note appearing in the RFP on the e-procurement portal.
    • The Tribunal had also rejected the State’s argument concerning lack of authority of the State Project Engineer. The State had neither rescinded nor rectified the contract and the contractor had executed the works between 2013 and 2018 without the Government taking steps to modify or rescind the agreement.
    • The High Court found that the real dispute was therefore not about the existence of the contract, but about the terms of that contract. Such a dispute fell squarely within the jurisdiction of the Arbitral Tribunal.

    Error in Contract Interpretation Is Ordinarily Within Arbitrator’s Jurisdiction

    • The Division Bench referred to the Supreme Court’s ruling in MSK Projects India (JV) Ltd. v. State of Rajasthan, (2011) 10 SCC 573.
    • The principle highlighted by the Court was that an error committed by an arbitrator while construing a contract is an error within the arbitrator’s jurisdiction. A jurisdictional error arises when the arbitrator travels outside the contract and deals with matters not entrusted to arbitration.
    • The High Court also relied upon SAIL v. Gupta Brother Steel Tubes Ltd., (2009) 10 SCC 63, where the Supreme Court distinguished between an arbitrator travelling beyond the contract and an arbitrator merely interpreting the contractual provisions.
    • Where the arbitrator’s conclusion represents a possible view, courts should not interfere merely because another view may also be possible. Courts cannot examine the correctness of arbitral findings as though exercising appellate jurisdiction.

    Courts Cannot Substitute Their Own Interpretation of Contract

    • The Karnataka High Court further relied upon State of Rajasthan v. Puri Construction Co. Ltd., (1994) 6 SCC 485.
    • The Supreme Court had distinguished between an error within jurisdiction and an error in excess of jurisdiction, holding that courts cannot substitute their own evaluation of the facts or contractual interpretation merely because they might have reached a different conclusion.
    • Where the arbitrator’s interpretation of a contract represents a possible view, the award cannot be reopened simply to reassess the contractual materials and evidence.

    Construction of Contract Lies Within Province of Arbitral Tribunal

    • The Bench also referred to Assam SEB v. Buildworth (P) Ltd., (2017) 8 SCC 146, reiterating that questions concerning construction of contractual provisions ordinarily fall within the province of the Arbitral Tribunal.
    • Where the arbitrator’s interpretation is supported by relevant evidentiary material, courts cannot interfere merely because they might prefer another construction.

    Section 34 Courts Cannot Re-Appreciate Evidence

    • The High Court agreed with the Commercial Court that the Tribunal’s conclusions were based upon evidence and could not be characterised as patently illegal or contrary to the public policy of India.
    • It reiterated that courts cannot re-appreciate evidence while examining an arbitral award, and that interference must remain confined to the grounds expressly provided under Section 34.
    • The Bench relied upon Delhi Airport Metro Express Pvt. Ltd. v. Delhi Metro Rail Corporation Ltd., AIR Online 2021 SC 78, where the Supreme Court emphasised that Section 34 courts must act strictly within the confines of the statutory provision and refrain from appreciation or re-appreciation of facts and evidence.

    Every Error of Law Is Not โ€œPatent Illegalityโ€

    • The High Court also reiterated the restrictive meaning of patent illegality under Section 34(2A).
    • An illegality must go to the root of the matter. Every legal error or erroneous application of law does not amount to patent illegality.
    • Interference may be justified where, among other circumstances, the arbitrator adopts a view that is not even a possible one, interprets a contractual clause in a manner no fair-minded or reasonable person could adopt, travels outside the contract, bases conclusions on no evidence, or ignores vital evidence.
    • Courts, however, cannot re-appreciate evidence merely to reach the conclusion that an award is patently illegal.

    Article 299 Argument Rejected

    • The State had relied on K.P. Chowdhry v. State of Madhya Pradesh, AIR 1967 SC 203 to challenge the contractual provision.
    • The Karnataka High Court found that decision inapplicable because it concerned a situation where no written agreement had been entered into after the auction.
    • In Mycon’s case, there was an undisputed signed agreement between the parties, and there was no dispute that the Government had awarded the works contract and that an agreement for execution of those works was authorised.
    • The controversy was therefore confined to whether Clause 39 formed part of the contractual terms, a question that the Arbitral Tribunal had already considered and decided in Mycon’s favour.
    • The Tribunal had also taken note of the State’s failure to rescind or rectify the executed agreement.

    Karnataka HC Dismisses State’s Appeal; Mycon’s Award Stands

    • The Division Bench ultimately held that the State’s challenge could not be sustained under either Section 34(2) or Section 34(2A) of the Arbitration and Conciliation Act.
    • Finding no ground to interfere with the arbitral award and no infirmity in the Commercial Court’s refusal to set it aside, the High Court dismissed the State’s appeal.
    • Accordingly, Mycon Construction Ltd. succeeded in defending the arbitral award of โ‚น60,24,774 towards price escalation, along with interest, against the State’s Section 34 and Section 37 challenges.

    Key Takeaway

    The ruling reinforces a fundamental principle of Indian arbitration law: interpretation of contractual terms is primarily the domain of the arbitrator. A court exercising jurisdiction under Sections 34 or 37 cannot substitute its preferred contractual interpretation merely because another view is possible.

    Where an executed government contract expressly contains a price adjustment clause, and the arbitrator adopts a possible interpretation of that agreement based on the contractual documents and evidence, judicial interference cannot be justified simply by pointing to a conflicting note in the earlier tender material.

    Connected Matter

    Supreme Court: State Cannot Raise New Defence at Award-Challenge Stage When It Was Never Taken Before Arbitrator

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Karnataka High Court

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  • Supreme Court: Unsigned Arbitration Agreement Can Still Bind Parties If Correspondence Shows Consensus

    Supreme Court: Unsigned Arbitration Agreement Can Still Bind Parties If Correspondence Shows Consensus

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

    Date: 22.09.2026

    Supreme Court: Unsigned Arbitration Agreement Can Still Bind Parties If Correspondence Shows Consensus

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    The Supreme Court has held that an arbitration agreement need not necessarily bear the signatures of both parties if their correspondence and conduct provide a written record demonstrating consensus on the arbitration arrangement. The Court emphasized that, while examining such an agreement, courts should determine whether the parties were ad idem, or of the same mind, regarding the contractual terms and arbitration mechanism.

    In Govind Rubber Ltd. v. Louis Dreyfus Commodities Asia Pvt. Ltd., the Supreme Court upheld enforcement of a foreign arbitral award arising from commodity transactions governed by terms referring disputes to the Singapore Commodity Exchange, and dismissed Govind Rubber’s challenge.

    Dispute Arose From International Rubber Supply Contracts

    • Govind Rubber Ltd., based in Mumbai, entered into commercial dealings with Singapore-based Louis Dreyfus Commodities Asia Pvt. Ltd. for the purchase of natural rubber.
    • One transaction involved 200 MT of Thai RSS-3 natural rubber at US$2,880 per MT, CIF Nhava Sheva, while another sales contract involved 201.6 MT of SIR20 at US$2,895 per MT, CIF Nhava Sheva. The respondent’s sales contracts stated the governing terms as the Singapore Commodity Exchange.
    • The dispute eventually went to arbitration before the Singapore Commodity Exchange.

    Foreign Award Directed Govind Rubber to Pay US$716,283

    • During the arbitration proceedings, Govind Rubber raised objections to the jurisdiction of the Singapore Commodity Exchange and contended that jurisdiction lay in Mumbai.
    • At the same time, however, Govind Rubber lodged a counterclaim of US$3,734,036.25 and agreed to the nomination of the sole arbitrator.
    • The arbitral tribunal ultimately passed an award dated 18 December 2009, directing Govind Rubber to pay US$716,283 to Louis Dreyfus for breach of contract, along with arbitration costs and expenses of Singapore Dollar 20,330. The counterclaim was rejected.

    Bombay High Court Permitted Enforcement of Foreign Award

    • Govind Rubber did not challenge the arbitral award itself. Instead, it subsequently instituted a suit against the respondent before the Bombay High Court seeking, among other reliefs, damages.
    • Louis Dreyfus thereafter filed proceedings for enforcement and execution of the foreign award.
    • The Bombay High Court allowed the enforcement petition, finding that Govind Rubber had failed to establish a ground for refusing enforcement. The High Court held that the foreign award was enforceable under Part II of the Arbitration and Conciliation Act, 1996 and binding upon the parties under Section 46.
    • Govind Rubber then approached the Supreme Court.

    Govind Rubber: Sales Contract Containing Arbitration Clause Was Never Signed

    • The principal argument before the Supreme Court was that the sales contract containing the reference to arbitration before the Singapore Commodity Exchange had not been signed and returned by Govind Rubber.
    • The appellant argued that its own purchase order contained separate commercial terms, including exclusive jurisdiction of the Bombay High Court. It therefore contended that there was no consensus between the parties to submit their disputes to arbitration before the Singapore Commodity Exchange.
    • Govind Rubber also argued that merely making a counterclaim after receiving notice from the arbitrator did not amount to waiver of its jurisdictional objection.

    Respondent: Parties Had Acted Upon the Sales Contract

    • Louis Dreyfus argued that the sales contract was a concluded commercial arrangement and that Govind Rubber had itself acted upon its terms.
    • The respondent pointed out that Govind Rubber had requested amendments to the payment terms contained in the sales contractโ€”from 100% Letter of Credit to 10% advance by Telegraph Transfer and the remaining 90% by Documents Against Paymentโ€”and those changes had been accepted.
    • The respondent therefore argued that the conduct and correspondence between the parties demonstrated consensus regarding the sales contract, including its dispute-resolution mechanism.

    Supreme Court: Arbitration Agreement Need Not Always Be Signed

    • The Supreme Court examined Section 7 of the Arbitration and Conciliation Act, 1996, particularly Section 7(3), Section 7(4)(a)-(c) and Section 7(5).
    • The Court explained that while an arbitration agreement must be in writing, it does not invariably need to be contained in a document formally signed by both parties.
    • Section 7(4)(b), for example, recognizes an arbitration agreement evidenced through an exchange of letters, telex, telegrams or other means of telecommunication providing a record of the agreement. Section 7(4)(c) also recognizes an agreement arising from an exchange of statements of claim and defence where its existence is alleged by one party and not denied by the other.
    • The Supreme Court consequently held that a written arbitration agreement โ€œneed not be signed by the partiesโ€ where the requisite record of agreement is established through communications contemplated by Section 7.
    • The Court added that where the parties are prima facie shown to be ad idem, the mere fact that one party did not sign the agreement does not by itself absolve that party from its obligations.

    E-Commerce and Electronic Communications Recognised

    • The judgment is particularly notable for recognizing the practical realities of modern commercial transactions.
    • The Supreme Court referred to internet purchases, tele-purchases, online ticket bookings and standard-form contracts, observing that where the parties’ identity is established and there is a record of their agreement, an arbitration agreement may arise if the arbitration clause reflects consensus between them.
    • The Court expressly stated that a signature is not a formal requirement under Sections 7(4)(b), 7(4)(c) or 7(5) of the Arbitration Act.

    Commercial Agreements Should Be Interpreted to Give Them Effect

    • The Supreme Court further held that a commercial document containing an arbitration clause should be interpreted, where appropriate, in a manner that gives effect to the agreement rather than invalidating it.
    • It referred to Astro Vendeor Compania Naviera SA v. Mabanaft GmbH, (1970) 2 Lloyd’s Rep. 267 and Paul Smith Ltd. v. H and S International Holdings Inc., (1991) 2 Lloyd’s Rep. 127, in support of an approach that seeks to give effect to the parties’ intentions when construing arbitration agreements.
    • The Court also relied upon Union of India v. D.N. Revri & Co., AIR 1976 SC 2257, reiterating that commercial documents should receive a common-sense construction that gives efficacy to the contract rather than a narrow, pedantic or overly legalistic interpretation that defeats it.

    Correspondence Showed Meeting of Minds

    • Applying those principles, the Supreme Court examined the parties’ actual communications.
    • The Court noted that Govind Rubber had itself requested amendments to the payment terms of the sales contract. Its communication specifically requested the respondent to โ€œamend your sale contract accordinglyโ€ and send the amended sales contract and pro forma invoice.
    • The Court also found that invoices had been split at Govind Rubber’s request, that the relevant request referred to the sales contract, and that the parties proceeded on the terms contained in that contract.
    • From this correspondence, the Supreme Court concluded that there was a meeting of minds and that the parties were ad idem regarding the terms of the sales contract, which provided for dispute resolution through the Singapore Commodity Exchange.

    Filing Counterclaim Also Showed Submission to Arbitration

    • Another important consideration was Govind Rubber’s conduct after commencement of arbitration.
    • The company responded to the arbitration proceedings by lodging a substantial counterclaim before the arbitral tribunal.
    • The Supreme Court held that by making the counterclaim, Govind Rubber had submitted to the jurisdiction of the arbitrator.
    • The Court referred in this context to Cairncross v. Lorimer, (1860) 7 Jur NS 149, Sarat Chunder Dey v. Gopal Chunder Laha, 19 IA 203, and Chowdhri Murtaza-Hossein v. Mt. Bibi Bechunnissa, 3 IA 209, while discussing the consequences of participating in arbitration despite having knowledge of a possible jurisdictional objection.

    Supreme Court Upholds Foreign Award

    • The Court ultimately held that the material on record clearly showed that Govind Rubber had acted pursuant to the sales contract. Consequently, whether the contract itself had been formally signed was not decisive in the circumstances.
    • The Court also noted that Govind Rubber had never challenged the 18 December 2009 arbitral award before any court.
    • Finding no valid ground to oppose enforcement, the Supreme Court upheld the Bombay High Court’s conclusion that the foreign award was enforceable under Part II of the Arbitration and Conciliation Act and binding upon the parties.
    • The appeal filed by Govind Rubber Ltd. was dismissed, with no order as to costs. 

    Key Takeaway

    The decision establishes an important principle for commercial arbitration: absence of signatures does not automatically mean absence of an arbitration agreement.

    Where the correspondence, electronic communications and conduct of the parties demonstrate that they were ad idem on contractual terms incorporating arbitration, the requirement of a written arbitration agreement under Section 7 can be satisfied even without a formally signed contract. At the same time, the judgment turns on the particular documentary record and conduct of the partiesโ€”including Govind Rubber’s requests to amend the sales contract and its participation in arbitration through a counterclaimโ€”rather than laying down that every unsigned arbitration clause is automatically binding.

    Connected Matter

    Delhi High Court: Prior Emails Cannot Override Clear Terms of Final Signed Contract; Grants Anti-Arbitration Injunction Against London Arbitration

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Supreme Court

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  • Delhi High Court: Prior Emails Cannot Override Clear Terms of Final Signed Contract; Grants Anti-Arbitration Injunction Against London Arbitration

    Delhi High Court: Prior Emails Cannot Override Clear Terms of Final Signed Contract; Grants Anti-Arbitration Injunction Against London Arbitration

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

    Date: 21.09.2026

    Delhi High Court: Prior Emails Cannot Override Clear Terms of Final Signed Contract; Grants Anti-Arbitration Injunction Against London Arbitration

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    The Delhi High Court has held that once parties execute a clear and unambiguous final written agreement expressly superseding previous arrangements, earlier negotiations, emails or correspondence cannot ordinarily be relied upon to add to, vary or contradict its terms.

    A Division Bench of Justice Vivek Chaudhary and Justice Renu Bhatnagar, in SARR Freights Corporation & Anr. v. Argo Coral Maritime Ltd., allowed the appeal filed by SARR Freights and restrained Argo Coral Maritime Ltd. from continuing arbitration proceedings before the London Maritime Arbitrators Association (LMAA).

    The judgment was delivered on September 18, 2026, in FAO(OS) 40/2026.

    The Court ultimately held that no arbitration agreement existed between the parties under their final signed Booking Note and, therefore, the foundation for continuation of the London arbitration proceedings did not survive.

    Dispute Arose From Transportation of UN Peacekeeping Cargo to Sudan

    • The dispute originated from an arrangement for transportation of military cargo for the United Nations Peace Keeping Force from New Delhi to Sudan.
    • The cargo was to travel from New Delhi and thereafter be shipped from Nhava Sheva Port, Mumbai to Port Sudan.
    • During negotiations, the parties’ respective agents exchanged emails and a Fixture Recap dated April 4, 2023. Clause 23 of the Fixture Recap contemplated โ€œEnglish law and London arbitration.โ€
    • A final Booking Note dated April 4, 2023, however, was subsequently signed on April 5, 2023. The Booking Note specifically referred to additional rider Clauses 20โ€“41.
    • The difficulty arose because the arbitration provision appeared only in Clause 43, which stated that the latest BIMCO Dispute Resolution Clause would apply, subject to English law and LMAA terms and procedures.
    • No bill of lading was ultimately issued.

    Sudan Crisis Led to Cancellation of Booking

    • On April 18, 2023, the United Nations issued an advisory declaring cargo movements through Sudanese ports unsafe.
    • SARR Freights consequently cancelled the Booking Note by invoking force majeure. Argo Coral Maritime thereafter invoked arbitration under Clause 43.
    • SARR participated subject to its right to dispute the arbitral tribunal’s jurisdiction.
    • The proceedings eventually resulted in two arbitration references, which were consolidated for consideration of common preliminary issues.

    LMAA Tribunal Majority Held Arbitration Agreement Existed

    • By a partial award dated October 18, 2025, a majority of the arbitral tribunal concluded that the parties had agreed to English law and London arbitration.
    • The majority treated the reference to rider Clauses โ€œ20โ€“41โ€ in the Booking Note as a typographical error that ought to have read โ€œ20โ€“43.โ€
    • It therefore considered Clause 43 applicable and held that the BIMCO Law and Arbitration Clause London 2020 governed the dispute, providing for LMAA arbitration in London before a three-member tribunal under English law.
    • SARR Freights approached the Delhi High Court seeking an anti-arbitration injunction.

    Single Judge Refused to Stop Arbitration

    • The Single Judge rejected SARR’s interim anti-arbitration injunction application.
    • Reliance was placed principally on the Supreme Court’s decisions in Govind Rubber Ltd. v. Louis Dreyfus Commodities Asia Pvt. Ltd., (2015) 13 SCC 477, and Trimex International FZE Ltd., Dubai v. Vedanta Aluminium Ltd., India, (2010) 3 SCC 1.
    • The Single Judge considered the reference to Clauses 20โ€“41 an inadvertent error and held that the intention emerging from the earlier Fixture Recap showed that the parties had agreed to arbitration.
    • SARR Freights then challenged that decision before the Division Bench.

    SARR: Final Booking Note Deliberately Excluded Arbitration Clause

    • SARR argued that the signed Booking Note constituted the final agreement between the parties and expressly stated that its terms would prevail over previous arrangements.
    • The Booking Note specifically incorporated only rider Clauses 20โ€“41. Clause 43, which contained the arbitration provision, was therefore excluded.
    • SARR contended that a court or tribunal could not rewrite the contract by substituting โ€œ20โ€“43โ€ for โ€œ20โ€“41โ€ when the final written agreement contained no ambiguity.
    • It relied upon Sections 91 and 92 of the Indian Evidence Act, 1872, among other provisions and precedents.

    Argo Coral: โ€œ20โ€“41โ€ Was Merely a Typographical Error

    • Argo Coral Maritime argued that the Fixture Recap and Booking Note had to be read together.
    • According to the respondent, Clause 23 of the Fixture Recap already recorded the parties’ agreement to English law and London arbitration, and the subsequent Booking Note was intended to carry forward that arrangement.
    • It argued that the reference to โ€œ20โ€“41โ€ was merely a typographical mistake and should be read as โ€œ20โ€“43.โ€

    Delhi High Court Confirms Its Jurisdiction

    • The Division Bench first rejected the respondent’s objection regarding the Delhi High Court’s territorial jurisdiction.
    • The Court noted that SARR had its permanent office in Delhi, the Booking Note was signed in Delhi, and enforcement proceedings against SARR, if required, would also take place there.
    • It held that where a substantial part of the cause of action arose in Delhi, Delhi courts would have jurisdiction. The mere possibility that courts in Mumbai might also possess jurisdiction did not deprive Delhi courts of jurisdiction.
    • The Court further held that Indian courts can determine whether an arbitration agreement itself is void or a nullity, notwithstanding the competence-competence principle.

    Clear Written Contract Cannot Be Rewritten Using Earlier Negotiations

    • The central part of the judgment concerns the evidentiary and contractual effect of a final written agreement.
    • The Division Bench examined Sections 91, 92, 93, 94 and 95 of the Indian Evidence Act, 1872.
    • It held that once contractual terms have been reduced to a signed document and those terms are clear and unambiguous, the agreement must ordinarily be proved and interpreted from that document itself.
    • Earlier negotiations, correspondence and communications cannot be used to contradict, vary, add to or subtract from the final written terms.
    • The Court explained that surrounding circumstances may become relevant where contractual language is unclear, ambiguous or defective. But where the language is plain and accurately applies to the existing facts, the court must ordinarily give effect to that language.

    Court Cannot Create a New Contract for the Parties

    • The Bench relied upon the Supreme Court’s decision in Rajasthan State Industrial Development & Investment Corporation v. Diamond & Gem Development Corporation Ltd., (2013) 5 SCC 470.
    • The principle reiterated was that courts must interpret a contract according to the words actually used and cannot make a new contract for the parties merely because another interpretation may appear more reasonable.
    • The Court also referred to Annaya Kocha Shetty v. Laxmibai Narayan Satose, 2025 SCC OnLine SC 758, reiterating that contractual interpretation begins with the plain, ordinary and literal meaning of the words used.

    Indian Law Distinguished From English Common Law

    • An important feature of the judgment is the Court’s detailed distinction between Indian codified law and English common law on contractual rectification.
    • The respondent relied upon foreign decisions to contend that prior negotiations could be considered to determine whether the final written instrument incorrectly recorded the parties’ previously agreed intention.
    • The Delhi High Court observed that English common law may, in appropriate circumstances, permit a court to examine prior negotiations and communications to determine whether a written instrument accurately reflects a prior agreement and to rectify the instrument where a mistake is established.
    • However, the Court held that the position under Indian codified law is materially different.
    • Once parties reduce their terms into a clear and signed written agreement, prior negotiations or communications cannot be used to contradict, vary, add to or subtract from those terms unless the contractual language is ambiguous or defective.
    • The Bench also observed that where Indian law is clear and settled, there is no need to resort to foreign case law.

    Govind Rubber and Trimex Distinguished

    • The Court distinguished the Supreme Court judgments in Govind Rubber and Trimex International, which had been relied upon by the Single Judge.
    • In those cases, there was no final signed written agreement, and therefore correspondence between the parties could legitimately be examined to determine whether an agreement had been reached.
    • The present case was materially different because the parties had ultimately executed a signed written Booking Note that expressly provided that it would prevail over previous arrangements.
    • Accordingly, the principles from those cases could not be used to rewrite the Booking Note.

    Reference to โ€œClauses 20โ€“41โ€ Was Deliberate, Not Typographical Error

    The Division Bench then closely examined the Booking Note itself.

    It found that the Special Terms box expressly stated:

    • โ€œAs per additional rider clause 20โ€“41 in attached.โ€
    • The Court observed that the parties had not mechanically adopted the standard form. They had specifically filled in and modified several special terms while retaining the reference to Clauses 20โ€“41.
    • According to the Bench, this demonstrated that the parties consciously considered the special terms and that the arbitration clause was not among the provisions incorporated into their agreement.
    • The Court also noted that the parties had made several changes between the earlier Fixture Recap and the final Booking Note, including terms concerning the vessel and detention. This reinforced the conclusion that the Booking Note was not simply a reproduction of the earlier negotiations but a separately considered and finalised contract.

    Fixture Recap and Clause 43 Contained Different Arbitration Arrangements

    The Court identified another significant distinction.

    Clause 23 of the earlier Fixture Recap merely provided for:

    โ€œEnglish law and London arbitration.โ€

    Clause 43 of the additional riders, however, contemplated:

    • โ€œBimco Dispute Resolution Clause latest edition to apply, subject to English Law and LMAA Terms and Procedures.โ€
    • The latter therefore introduced a more specific arbitral framework that had not been expressed in the earlier Fixture Recap.

    Final Agreement Expressly Superseded Earlier Arrangements

    • The Booking Note also contained an express contractual stipulation providing that its terms would โ€œprevail over any previous arrangements.โ€
    • The High Court treated this as significant.
    • It relied upon Union of India v. Kishorilal Gupta & Bros. and Young Achievers v. IMS Learning Resources (P) Ltd. for the proposition that where an earlier contract containing an arbitration clause is superseded by a later agreement, the arbitration clause in the earlier arrangement does not necessarily survive the superseding contract.
    • The Bench therefore concluded that once the parties executed the Booking Note expressly providing that it would prevail over previous arrangements, there was no occasion to return to the Fixture Recap to determine the terms of the final contract.

    Delhi High Court Holds No Arbitration Agreement Existed

    • On its examination of the Booking Note, the Division Bench found that the reference to Clauses 20โ€“41 was clear and unambiguous.
    • Clause 43 was not incorporated merely because Clauses 41, 42 and 43 appeared on the same page or because the parties’ signatures appeared below Clause 43.
    • The Court consequently held that there was no mistake, ambiguity or defective language in the Booking Note and no arbitration agreement existed between the parties.
    • This reversed the conclusion reached by the Single Judge and the majority view of the arbitral tribunal.

    Anti-Arbitration Injunction Granted

    • Having found that no arbitration agreement existed, the High Court held that the very foundation for continuation of the LMAA proceedings disappeared.
    • The Court relied upon its earlier decisions in Mcdonald’s India Pvt. Ltd. v. Vikram Bakshi and Dr. Bina Modi v. Lalit Kumar Modi concerning the circumstances in which Indian courts may grant an anti-arbitration injunction.
    • The Bench treated a dispute over whether the parties ever consented to arbitration as one of the exceptional circumstances capable of justifying judicial intervention.

    Accordingly, the Division Bench:

    • allowed SARR Freights’ appeal;
    • set aside the Single Judge’s order dated March 13, 2026; and
    • granted an anti-arbitration injunction restraining Argo Coral Maritime Ltd. from continuing, pursuing or taking any steps in the LMAA arbitration titled Argo Coral Maritime Ltd. v. SARR Freights Ltd./SARR Freights Corporation.

    Thus, SARR Freights Corporation and SARR Freights Ltd. succeeded in the appeal, and the London arbitration was restrained.

    Why the Judgment Is Significant

    • The judgment carries broader significance for international commercial contracts, shipping agreements and cross-border arbitration clauses.
    • It underscores that an arbitration clause must ultimately rest upon party consent. Earlier negotiations referring to arbitration cannot automatically be imported into a subsequent final signed contract where that contract deliberately incorporates only specified provisions and expressly supersedes earlier arrangements.
    • The decision also draws an important line between using correspondence to establish a contract where no signed agreement exists and using prior correspondence to alter a later, complete and unambiguous written agreement.
    • For businesses engaged in international trade, shipping, freight forwarding and charter arrangements, the judgment highlights the importance of carefully reviewing incorporation clauses, rider clauses, governing-law provisions and arbitration provisions before signing the final contractual document.

    Key Takeaway

    The Delhi High Court’s ruling establishes a clear contractual principle: where parties deliberately reduce their bargain into a final, signed and unambiguous document that supersedes previous arrangements, earlier emails and negotiations cannot ordinarily be used to insert an arbitration clause that the final contract itself did not incorporate.

    In this case, the Booking Note incorporated rider Clauses 20โ€“41, while the arbitration provision appeared in Clause 43. The Court refused to rewrite โ€œ20โ€“41โ€ as โ€œ20โ€“43โ€ and consequently found that no arbitration agreement existed.

    The ruling therefore resulted in the unusual but legally significant remedy of an anti-arbitration injunction restraining continuation of foreign LMAA proceedings.

    Connected Matter

    Supreme Court: Unsigned Arbitration Agreement Can Still Bind Parties If Correspondence Shows Consensus

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Delhi High Court

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  • Supreme Court: Section 29A Application Can Be Filed Even After Arbitratorโ€™s Mandate Expires

    Supreme Court: Section 29A Application Can Be Filed Even After Arbitratorโ€™s Mandate Expires

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

    Date: 19.09.2026

    Supreme Court: Section 29A Application Can Be Filed Even After Arbitratorโ€™s Mandate Expires

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    The Supreme Court of India has clarified an important question concerning timelines in arbitration, holding that an application for extension of an arbitral tribunalโ€™s mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996 can be filed even after the tribunalโ€™s mandate has expired.

    In M/s Ajay Protech Pvt. Ltd. v. General Manager & Anr., 2024 INSC 889, the Bench of Justice Pamidighantam Sri Narasimha and Justice Sandeep Mehta set aside the Gujarat High Courtโ€™s order refusing extension and extended the time for making the arbitral award until 31 December 2024. The Supreme Court also explained how the expression โ€œsufficient causeโ€ under Section 29A(5) should be understood.

    Dispute Arose From a Works Contract

    • The appellant, M/s Ajay Protech Pvt. Ltd., had entered into a works contract with Respondent No. 1. After disputes arose between the parties, the appellant invoked arbitration by issuing a notice on 12 February 2018.
    • The Gujarat High Court subsequently allowed the appellantโ€™s application under Section 11 of the Arbitration Act for appointment of a sole arbitrator through orders dated 8 February 2019 and 15 February 2019.
    • The first meeting of the arbitral tribunal took place on 24 June 2019, and pleadings were completed on 9 October 2019.
    • Under Section 29A(1), the 12-month period for making the award therefore commenced from that date and would ordinarily have expired on 8 October 2020. With the additional six-month extension available by mutual consent under Section 29A(3), the 18-month period would ordinarily have extended until 9 April 2021.

    COVID-19 Interrupted the Arbitration Timeline

    • Before the statutory period expired, the COVID-19 pandemic intervened.
    • The Supreme Court had earlier, in In Re: Cognizance for Extension of Limitation, (2022) 3 SCC 117, directed that the period from 15 March 2020 to 28 February 2022 be excluded while computing various limitation periods, expressly including the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act.
    • The arbitral proceedings, which had been adjourned because of the pandemic, resumed in 2022. Eventually, the hearing was concluded on 5 May 2023.
    • The parties recorded before the arbitral tribunal that they would approach the Court under Section 29A(4) for extension of time. Ajay Protech thereafter filed its extension application before the Gujarat High Court on 1 August 2023.

    Gujarat High Court Refused Extension

    • The Gujarat High Court dismissed the application on 3 November 2023.
    • It reasoned that the initial 12-month statutory period had expired on 8 October 2020 and, after the six-month consensual extension, the tribunalโ€™s mandate had expired on 9 April 2021.
    • Since the Section 29A application was filed only in August 2023, the High Court treated the delay as exceeding two years and four months and held that the tribunalโ€™s mandate had already terminated. It therefore dismissed the application as misconceived.
    • Ajay Protech challenged this decision before the Supreme Court.

    Two Questions Before the Supreme Court

    • The Supreme Court identified two principal issues:
    • First, can an application for extension under Section 29A(4) be entertained after the arbitral tribunalโ€™s mandate has already expired?
    • Second, if such an application is maintainable, did the circumstances of this case constitute โ€œsufficient causeโ€ to justify extension?
    • The Court answered both questions in favour of Ajay Protech.

    Section 29A(4) Expressly Permits Post-Expiry Extension

    • The Supreme Court examined the language of Section 29A(4), which provides that if an award is not made within the period prescribed under Section 29A(1), or the extended period under Section 29A(3), the arbitratorโ€™s mandate terminates unless the Court has โ€œeither prior to or after the expiry of the period so specifiedโ€ extended the period.
    • The Court found this wording clear and explicit.
    • According to the Supreme Court, Section 29A(4) itself enables a court to extend the tribunalโ€™s mandate after the expiry of the statutory and mutually extendable 18-month period.
    • Thus, expiry of the tribunalโ€™s mandate does not permanently extinguish the Courtโ€™s jurisdiction to grant an extension.

    Supreme Court Relies on Rohan Builders

    • The Court relied heavily upon its recent judgment in Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd., 2024 SCC OnLine SC 2494.
    • Interestingly, the respondents themselves had relied on Rohan Builders to argue that the extension application had to be filed before the tribunalโ€™s mandate expired. The Supreme Court held that the precedent actually decided the issue against the respondents.
    • The Court reiterated that Section 29A(4) empowers courts to extend the period for making an arbitral award either before or after expiry of the prescribed period.
    • It explained that although the tribunalโ€™s mandate terminates upon expiry of the prescribed period, this termination is conditional in the sense that the statute still permits a party to approach the Court and seek revival/extension of the mandate.

    Accordingly, the Supreme Court held:

    An application under Section 29A(4) can be filed either before or after termination of the arbitral tribunalโ€™s mandate upon expiry of the statutory and extendable period.

    Extension Is Not Automatic: โ€˜Sufficient Causeโ€™ Must Be Shown

    • The Court simultaneously cautioned that merely filing an application after expiry does not create an automatic right to extension.
    • Under Section 29A(5), extension may be granted only when the Court is satisfied that there is โ€œsufficient causeโ€.
    • The Supreme Court noted that this involves exercise of judicial discretion. Courts may also impose appropriate terms and conditions while granting extension.
    • Referring again to Rohan Builders, the Court observed that this requirement operates as a safeguard against frivolous or vexatious attempts to revive stale arbitrations.
    • Therefore, the ruling should not be understood as permitting indefinite or mechanical extensions merely because Section 29A(4) allows a post-expiry application.

    Gujarat High Courtโ€™s Calculation of Delay Was Erroneous

    • The Supreme Court found a fundamental error in the Gujarat High Courtโ€™s computation of delay.
    • Because the COVID exclusion period from 15 March 2020 to 28 February 2022 had to be removed from the calculation, the relevant Section 29A period did not expire in April 2021 in the manner assumed by the High Court.
    • The Supreme Court calculated that, after giving effect to the COVID exclusion, the applicable period would have expired on 31 March 2023.
    • Since Ajay Protech filed its application on 1 August 2023, the relevant period requiring explanation was therefore essentially from 31 March 2023 to 1 August 2023, rather than the two years and four months calculated by the High Court.
    • The Supreme Court consequently held that the High Courtโ€™s reasoning on the extent of delay was erroneous.

    Why the Supreme Court Found โ€˜Sufficient Causeโ€™

    • Ajay Protech had placed several circumstances before the Court to explain why extension was necessary.
    • The arbitral tribunal had resumed online hearings in 2022 but proceedings had to be adjourned on several occasions at the request of the respondentsโ€™ counsel due to changes concerning the panel from which the arbitrator had been appointed.
    • The dispute also involved technical and legal questions, and the record was bulky. Ajay Protech further argued that the delay was attributable neither to the parties nor to the tribunal and that the tribunal had acted promptly and cautiously.
    • Most importantly, the hearing had already concluded and only the award remained to be delivered. Refusing extension at that stage would therefore cause hardship and potentially frustrate an arbitration that had substantially reached its conclusion.

    โ€˜Sufficient Causeโ€™ Must Be Interpreted in Light of Arbitrationโ€™s Purpose

    • The judgment contains an important explanation of the expression โ€œsufficient causeโ€ under Section 29A(5).
    • The Supreme Court emphasised that efficiency and expeditious completion are integral to arbitration. At the same time, the Arbitration Act recognises the Courtโ€™s power to intervene where necessary to ensure that the agreed dispute-resolution process reaches its logical conclusion.
    • The Court held that:
    • โ€œThe meaning of ‘sufficient cause’ for extending the time to make an award must take colour from the underlying purpose of the arbitration process.โ€
    • It further explained that the primary objective is to resolve disputes through the dispute-resolution mechanism agreed upon by the parties. Consequently, โ€œsufficient causeโ€ should be interpreted in a manner that facilitates effective dispute resolution.
    • This observation gives the judgment significance beyond its particular facts, as it provides guidance for courts considering future Section 29A extension applications.

    Supreme Court Allows Ajay Protechโ€™s Appeal

    Taking into account the COVID interruption and the partiesโ€™ agreement on 5 May 2023 to approach the Court for extension, the Supreme Court concluded that sufficient cause existed for extending the tribunalโ€™s mandate.

    The Court accordingly:

    • allowed Ajay Protechโ€™s civil appeal;
    • set aside the Gujarat High Courtโ€™s order dated 3 November 2023 in MCA No. 1 of 2023;
    • extended the period for making the arbitral award until 31 December 2024; and
    • directed the parties to bear their own costs.

    Thus, Ajay Protech Pvt. Ltd. succeeded before the Supreme Court on the Section 29A extension issue.

    Why This Judgment Is Important for Arbitration Proceedings

    • The judgment clarifies two important principles governing Section 29A.
    • First, expiry of an arbitral tribunalโ€™s mandate does not by itself prevent a party from subsequently seeking extension from the Court. The statutory language expressly gives courts power to extend the period even after expiry.
    • Second, post-expiry extension is discretionary rather than automatic. The applicant must establish sufficient cause, and the Court must examine the circumstances of the particular arbitration.
    • The decision therefore attempts to balance two objectives of the Arbitration Act: ensuring that arbitration remains time-bound and efficient, while preventing procedural timelines from unnecessarily destroying an arbitration that can still effectively resolve the partiesโ€™ dispute.

    Key Takeaway

    The Supreme Court has made it clear that the termination of an arbitral tribunalโ€™s mandate upon expiry of the Section 29A timeline is not an absolute bar to revival or extension. Courts retain jurisdiction under Section 29A(4) to extend the period even where the application is filed after expiry.

    However, such relief is not mechanical. Under Section 29A(5), the applicant must demonstrate sufficient cause, which the Court said should be understood in light of arbitrationโ€™s fundamental objectiveโ€”effective resolution of disputes through the mechanism chosen by the parties.

    Connected Matter

    Bombay High Court: Arbitral Tribunalโ€™s Mandate Can Be Extended Even After Expiry if โ€œSufficient Causeโ€ Is Shown

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Supreme Court

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  • Bombay High Court: Arbitral Tribunalโ€™s Mandate Can Be Extended Even After Expiry if โ€œSufficient Causeโ€ Is Shown

    Bombay High Court: Arbitral Tribunalโ€™s Mandate Can Be Extended Even After Expiry if โ€œSufficient Causeโ€ Is Shown

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

    Date: 18.09.2026

    Bombay High Court: Arbitral Tribunalโ€™s Mandate Can Be Extended Even After Expiry if โ€œSufficient Causeโ€ Is Shown

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    The Bombay High Court has allowed a petition filed by SAP India Private Limited seeking extension of the mandate of an arbitral tribunal constituted by the Supreme Court, holding that where arbitral proceedings could not conclude for reasons beyond the control of the party or tribunal, and the delay was not attributable to wilful or deliberate default, refusing an extension despite sufficient cause could defeat the purpose of arbitration.

    Justice Arif S. Doctor, in SAP India Private Limited v. Cox and Kings Limited, Commercial Arbitration Petition No. 865 of 2026, pronounced the judgment on September 10, 2026. The Court extended the time available to the arbitral tribunal to make its award by one year from the date on which the High Court’s order was uploaded.

    Dispute Between SAP India and Cox & Kings

    • The dispute arose from a contract between SAP India and Cox & Kings for the provision of business software and related implementation services. Clause 15.7 of the General Terms and Conditions provided for arbitration.
    • SAP claimed that certain amounts remained outstanding under the contractual arrangement and moved an application under Section 11 of the Arbitration and Conciliation Act, 1996.
    • By an order dated January 2, 2019, the Supreme Court constituted a three-member arbitral tribunal. The tribunal was presided over by former Supreme Court judge Justice Madan B. Lokur, and was referred to in the judgment as the โ€œJustice Lokur Tribunal.โ€ SAP was the claimant before this tribunal.
    • SAP filed its Statement of Claim on March 22, 2019, seeking approximately โ‚น17.98 crore from Cox & Kings. Cox & Kings subsequently filed its Statement of Defence and Counter-claim on July 31, 2019, claiming approximately โ‚น45.99 crore from SAP.

    CIRP Moratorium Brought Arbitration to a Halt

    • A major turn occurred on October 22, 2019, when the National Company Law Tribunal, Mumbai admitted Cox & Kings into the Corporate Insolvency Resolution Process (CIRP).
    • Consequently, the statutory moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) came into operation, staying legal proceedings against the company.
    • Because of the moratorium, the Justice Lokur Tribunal informed the parties on November 5, 2019 that the arbitral proceedings stood adjourned sine die.
    • Cox & Kings was subsequently ordered into liquidation by the NCLT on December 16, 2021. SAP lodged its claim with the Liquidator in February 2022, and the Liquidator admitted it at a nominal value of Re. 1, recording that the liability could not be quantified because of the ongoing arbitration proceedings.

    Second Arbitration Added Another Layer to the Dispute

    • Meanwhile, Cox & Kings had issued a fresh arbitration notice against SAP India and its parent company, SAP SE.
    • On September 9, 2024, the Supreme Court appointed former Bombay High Court Chief Justice Justice Mohit Shah as sole arbitrator to adjudicate those disputes. The High Court referred to this as the โ€œJustice Shah Tribunal.โ€
    • Cox & Kings initially claimed โ‚น45.99 crore before the Justice Shah Tribunal and subsequently amended its claim to โ‚น45,99,71,097.
    • SAP argued that this amount was virtually identical to the counter-claim Cox & Kings had already raised before the Justice Lokur Tribunal. SAP consequently challenged the jurisdiction of the Justice Shah Tribunal under Section 16 of the Arbitration Act, but its objections were rejected.
    • SAP pursued the jurisdictional issue before the Bombay High Court and then the Supreme Court. Its Special Leave Petition was ultimately dismissed on January 23, 2026.

    SAP Sought Revival of Original Arbitration

    • Soon after the Supreme Court proceedings ended, SAP approached the Justice Lokur Tribunal on February 2, 2026, seeking resumption and continuation of its original arbitration.
    • Cox & Kings opposed the request, contending that the Justice Lokur Tribunal had become functus officio and no longer possessed jurisdiction to revive the proceedings. It also pointed to the existence of the Justice Shah Tribunal and SAP’s claim in the liquidation process.
    • The Justice Lokur Tribunal ultimately directed SAP to approach the Bombay High Court for an extension of time. SAP accordingly filed the present petition under Section 29A of the Arbitration and Conciliation Act.

    SAP: Delay Was Caused by Circumstances Beyond Its Control

    • SAP argued that it had diligently pursued its claims and that the original arbitration could not proceed because of circumstances outside its control.
    • It relied on the commencement of CIRP, the statutory moratorium, the COVID-19 limitation exclusion period and Cox & Kings’ subsequent pursuit of another arbitration involving substantially the same subject matter.
    • SAP therefore argued that it had established โ€œsufficient causeโ€ under Section 29A(5) for extending the Justice Lokur Tribunal’s mandate.

    Cox & Kings Opposed Extension, Alleging Unexplained Delay

    • Cox & Kings argued that Section 29A(5) does not permit extension as a matter of course and that SAP had failed to explain a substantial intervening period.
    • It contended that SAP could have sought extension much earlier and characterised SAP’s conduct as โ€œfence-sittingโ€, alleging that SAP attempted to revive the Justice Lokur arbitration only after its challenges to the Justice Shah Tribunal had failed.
    • Cox & Kings also argued that reviving the Justice Lokur Tribunal would serve little purpose because it was already in liquidation and SAP’s claim had been admitted in the liquidation process.
    • Another concern raised was the possibility of parallel arbitrations producing inconsistent or conflicting findings, because the claims before the two tribunals arose from the same contractual framework.

    Bombay High Court: Section 29A Extension Can Be Granted Even After Mandate Expires

    • The High Court rejected the proposition that the application must fail merely because the tribunal’s mandate had already expired.
    • Relying upon Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd., the Court reiterated that time for completing arbitral proceedings can be extended even after expiry of the initial 12-month period or the extended six-month period.
    • The real question was therefore not simply when the application was filed, but whether SAP had demonstrated sufficient cause under Section 29A(5).

    โ€œSufficient Causeโ€ Must Be Examined in Context of Purpose of Arbitration

    • The Court emphasised that Section 29A is intended to ensure expeditious arbitral proceedings, but the power of extension requires examination of the particular facts and circumstances.
    • Referring to C. Velusamy v. K. Indhera and Ajay Protech Pvt. Ltd. v. General Manager & Anr., the High Court observed that โ€œsufficient causeโ€ must be understood in the context of arbitration’s underlying purposeโ€”the resolution of disputes through the mechanism chosen by the parties.
    • The Court held, in substance, that where arbitration does not conclude within the prescribed timeline because of circumstances beyond the parties’ or tribunal’s control, and the delay is not caused by wilful default or a deliberate attempt to delay proceedings by the party seeking extension, it would be unjust to refuse condonation where sufficient cause is otherwise demonstrated.

    Length of Delay Alone Is Not Decisive

    • An important principle emerging from the judgment is that a long delay does not, by itself, automatically defeat a Section 29A petition.
    • The Court distinguished decisions relied upon by Cox & Kings where extensions had been refused because the intervening delay was not satisfactorily explained.
    • According to the High Court, the decisive consideration in those cases was the absence of sufficient cause, rather than merely the length of time that had passed.
    • This distinction is important for Section 29A applications because it requires courts to examine why the arbitration was delayed, rather than applying an inflexible rule based solely on the duration of the delay.

    SAP Was Justified in Pursuing Jurisdictional Challenge

    • The Court also rejected the contention that SAP had simply sat on its rights.
    • When the Supreme Court appointed the Justice Shah Tribunal in 2024, it had kept open SAP’s rights and contentions to raise its jurisdictional objections before that tribunal.
    • The Bombay High Court therefore found that SAP was justified in pursuing its challenge to the jurisdiction of the Justice Shah Tribunal.
    • After the Supreme Court dismissed SAP’s SLP on January 23, 2026, SAP approached the Justice Lokur Tribunal on February 2, 2026โ€”within a short periodโ€”to seek resumption of its original arbitration.
    • The High Court considered this conduct inconsistent with any suggestion that SAP had abandoned the Justice Lokur proceedings.

    โ€œFence-Sitterโ€ Argument Rejected

    • The Court consequently rejected Cox & Kings’ characterisation of SAP as a โ€œfence sitterโ€.
    • It noted that the original proceedings had stopped after Cox & Kings entered CIRP and the Section 14 IBC moratorium became operative. Cox & Kings subsequently initiated another arbitration involving a claim virtually identical to the counter-claim it had raised before the Justice Lokur Tribunal.
    • Against this factual background, SAP’s pursuit of jurisdictional remedies before the Justice Shah Tribunal and higher courts could not be treated simply as abandonment or negligent inactivity.

    Liquidation Does Not By Itself Defeat Section 29A Extension

    • Cox & Kings had also argued that extending the tribunal’s mandate would be futile because the company was already in liquidation.
    • The Court did not accept this as a reason to refuse the Section 29A extension.
    • It noted, among other things, SAP’s reliance on Regulation 29 of the IBBI (Liquidation Process) Regulations, 2016, concerning mutual credits and set-off. The Court clarified that questions relating to the effect of liquidation and objections concerning SAP’s claim could be raised before the arbitral tribunal and did not have to be finally determined while deciding the Section 29A application.

    Court Finds โ€œSufficient Causeโ€ for Extension

    • After considering the unusual procedural history, the Bombay High Court concluded that SAP had established sufficient cause for extension of the Justice Lokur Tribunal’s mandate.
    • Crucially, the Court found that the delay in completion of the arbitration could not, in the circumstances, be attributed to any deliberate, wilful or negligent default on the part of SAP, much less to the tribunal.
    • The Court reasoned that allowing the mandate to lapse without giving SAP an opportunity to have its pending claim adjudicated would defeat rather than advance the underlying object of the arbitral process.

    Justice Lokur Tribunal Gets One-Year Extension

    • Accordingly, the Bombay High Court allowed SAP India’s petition and extended the time available to the Justice Lokur Tribunal to make its award by one year.
    • The one-year extended period will run from the date on which a copy of the High Court’s order was uploaded.
    • The Court made no order as to costs.
    • Thus, SAP India succeeded in obtaining the Section 29A extension. Importantly, however, the ruling does not decide the merits of SAP’s underlying โ‚น17.98 crore contractual claim against Cox & Kings; it permits that pending claim to proceed before the arbitral tribunal.

    Key Legal Takeaway

    The judgment reinforces that Section 29A is not an inflexible limitation mechanism under which expiry of an arbitral tribunal’s mandate automatically forecloses an extension.

    A post-expiry application can be entertained, but the applicant must establish โ€œsufficient causeโ€. In assessing that requirement, courts may consider the entire procedural history, whether circumstances outside the applicant’s control interrupted the arbitration, whether the applicant acted diligently once those impediments ended, and whether the delay resulted from wilful or negligent conduct.

    The ruling also demonstrates that the mere passage of a substantial period is not necessarily determinative. The central enquiry remains whether the delay has been satisfactorily explained in the factual circumstances of the particular arbitration.

    Connected Matter

    Supreme Court: Section 29A Application Can Be Filed Even After Arbitratorโ€™s Mandate Expires

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Bombay High Court

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  • Bombay High Court Sets Aside โ‚น18.95 Crore Arbitral Award; Says Ex Parte Proceedings Cannot Bypass Natural Justice

    Bombay High Court Sets Aside โ‚น18.95 Crore Arbitral Award; Says Ex Parte Proceedings Cannot Bypass Natural Justice

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

    Date: 17.09.2026

    Bombay High Court Sets Aside โ‚น18.95 Crore Arbitral Award; Says Ex Parte Proceedings Cannot Bypass Natural Justice

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    The Bombay High Court has set aside an arbitral award directing the legal heirs and guarantors of a deceased borrower to jointly and severally pay more than โ‚น18.95 crore, holding that the arbitration proceedings suffered from serious violations of natural justice, including failure to supply relied-upon documents, absence of notices for subsequent hearings, and failure to provide notice before proceeding ex parte.

    In Manjula Dinesh Rita & Ors. v. Lokmanya Multipurpose Co-operative Society Ltd. & Anr., Commercial Arbitration Petition No. 239 of 2023, Justice Sharmila U. Deshmukh allowed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 and quashed the arbitral award dated March 7, 2022. The judgment was pronounced on September 16, 2026.

    Dispute Over โ‚น1.5 Crore Loan and Alleged โ‚น4.5 Crore Facility

    • The dispute originated from a credit facility obtained by the late Dinesh Shamji Rita. According to the petitioners, a cash-credit facility of โ‚น1.5 crore had been sanctioned in 2012 for his construction business. Petitioner No. 1 and Respondent No. 2 stood as guarantors, while a Mumbai property was mortgaged as additional security.
    • A dispute subsequently arose over an additional amount of โ‚น3 crore. The co-operative society’s case was that the total cash-credit facility was โ‚น4.5 crore, while the petitioners disputed liability beyond the original โ‚น1.5 crore facility.
    • The controversy ultimately went to statutory arbitration under Section 84 of the Multi State Co-operative Societies Act, 2002 (MSCS Act).
    • On March 7, 2022, the arbitrator directed the petitioners and Respondent No. 2 to jointly and severally pay โ‚น18,95,34,034.10, along with 18% annual interest, additional penal interest of 2% per annum from October 12, 2020 until realization, and costs.

    Petitioners Challenge Ex Parte Award

    • The petitioners approached the Bombay High Court under Section 34 of the Arbitration and Conciliation Act, 1996.
    • A central grievance was that although they received the statement of claim, the documents relied upon by the co-operative society were not supplied to them.
    • The record showed that approximately 17 documents, including a promissory note concerning โ‚น3 crore, loan agreement, registered mortgage deed and guarantee documents, were listed with the statement of claim. The petitioners immediately sought copies so that they could prepare their defence. Instead of supplying the documents, the society asked them to obtain the copies from the arbitrator on the scheduled hearing date.

    Bombay HC: Documents Relied Upon Must Be Supplied to Other Side

    • The High Court emphasised Section 24(3) of the Arbitration Act, which requires statements, documents and other information supplied by one party to the arbitral tribunal to be communicated to the other party.
    • The Court held that the duty was upon the party producing documents before the tribunal to supply them to the opposite party. Non-compliance deprived the petitioners of the full opportunity to present their case guaranteed by Section 18 of the Arbitration Act.
    • Relying upon the Supreme Court’s decision in Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India, (2019) 15 SCC 131, the Court linked Sections 18 and 24(3) with the ground for setting aside an award under Section 34(2)(a)(iii) where a party was unable to present its case.

    No Notice of Subsequent Arbitration Hearings

    • The Court found another serious procedural defect.
    • The first hearing was scheduled at Belgaum during the COVID-19 pandemic, although the petitioners were residing in Mumbai. After the first hearing notice, no further notices of the arbitral meetings were issued to them.
    • The award itself recorded five adjournments, excluding the lockdown period. Yet the proceedings were adjourned from time to time without subsequent hearing notices being served upon the petitioners. The arbitrator eventually proceeded ex parte.
    • The affidavit of evidence and documents filed by the society’s witness were also not served upon the petitioners.
    • The High Court therefore held that failure to provide necessary documents, the affidavit of evidence, notices of subsequent hearings and minutes of arbitral meetings amounted to denial of a proper opportunity to present the case and vitiated the award under Section 34(2)(a)(iii).

    Arbitrator Must Give Notice Before Proceeding Ex Parte

    • The judgment also addresses an important procedural question: whether an arbitrator can simply proceed ex parte after a party fails to participate following the first notice.
    • The High Court referred to Sohan Lal Gupta v. Asha Devi Gupta and the Delhi High Court decision in M/s Lovely Benefit Chit Fund & Finance Pvt. Ltd. v. Puran Dutt Sood & Ors., AIR 1983 Delhi 413.
    • The principle discussed was that where a party fails to appear, the arbitrator should give notice of the intention to proceed ex parte on a specified date. Only after such notice, and continued non-participation, may proceedings continue in the party’s absence.
    • Applying that principle, the Bombay High Court found that only the first notice had been issued. Thereafter, there were no subsequent hearing notices, and neither the minutes nor affidavit of evidence was supplied.
    • The Court consequently found a โ€œcomplete go-by to the principles of natural justiceโ€ in the manner in which the arbitration proceeded ex parte.

    โ‚น1.5 Crore Guarantee Could Not Mechanically Become Liability for โ‚น4.5 Crore Facility

    • Apart from procedural violations, the High Court identified serious defects in the reasoning of the award.
    • The letter of guarantee executed by Petitioner No. 1 and Respondent No. 2 was for โ‚น1.5 crore, and the mortgage deed also referred to an overdraft facility of โ‚น1.5 crore. Nevertheless, the arbitrator imposed joint and several liability in relation to an alleged โ‚น4.5 crore credit facility, along with interest and penalty.
    • The Court found that the arbitrator had ignored vital evidence showing that the guarantee, loan application and mortgage security related to the โ‚น1.5 crore facility.
    • According to the High Court, the award merely restated the contents of the society’s affidavit of evidence and referred to documents without discussing the evidence before accepting a claim exceeding โ‚น18.95 crore. The Court held that the award suffered from perversity and patent illegality.

    Bombay HC Finds Award Failed Requirement of Reasoned Decision

    • The High Court relied on the Supreme Court’s decision in Dyna Technologies Pvt. Ltd. v. Crompton Greaves Ltd., (2019) 20 SCC 1, concerning the requirement of a reasoned arbitral award under Section 31(3) of the Arbitration Act.
    • The Court noted that arbitral reasoning must be intelligible and adequate, though an award need not resemble an elaborate judicial judgment.
    • In the present case, however, the High Court found that the award failed the requirements of a reasoned award because there was no meaningful discussion or finding on the oral and documentary evidence before the tribunal.

    Mumbai Court Had Supervisory Jurisdiction Despite Arbitration Sittings at Belgaum

    • The judgment also contains an important discussion on the distinction between the โ€œseatโ€ and โ€œvenueโ€ of arbitration.
    • Although the arbitral sittings took place in Belgaum, Karnataka, the Court observed that the MSCS Act did not designate a statutory territorial seat or venue for the arbitration. Merely stating โ€œSitting at Belgaumโ€ in the award did not establish a conscious determination of Belgaum as the juridical seat under Section 20(2) of the Arbitration Act. The Court treated the sittings there as referable to a convenient place of meeting under Section 20(3).
    • The original borrower and guarantors were based in Mumbai, the loan was sanctioned through the Mumbai branch, the relevant loan and mortgage documents were executed in Mumbai, and the mortgaged property was situated in Mumbai. No part of the cause of action arose in Belgaum.
    • Accordingly, the High Court held that the courts in Mumbai had supervisory jurisdiction under Section 2(1)(e) of the Arbitration Act.

    Supreme Court’s BGS SGS Soma Principle Considered

    • While examining territorial jurisdiction, the Court considered BGS SGS Soma JV v. NHPC Ltd., (2020) 4 SCC 234, which explains when a designated venue can operate as the juridical seat of arbitration.
    • The Bombay High Court distinguished the present statutory arbitration because there was neither an express designation of Belgaum as the seat nor a determination under Section 20(1) or Section 20(2) establishing it as such.

    โ‚น18.95 Crore Award Quashed and Set Aside

    After examining the jurisdictional issue, denial of documents, absence of subsequent hearing notices, ex parte procedure and deficiencies in the reasoning of the award, the Bombay High Court concluded that the award could not survive.

    The Court held:

    โ€œThe impugned award is, unsustainable and is hereby quashed and set aside.โ€

    • The Commercial Arbitration Petition was accordingly allowed, while pending interim applications were disposed of.
    • Thus, Manjula Dinesh Rita and the other petitioners succeeded in their Section 34 challenge, and the โ‚น18.95 crore arbitral award against them was set aside.

    Key Legal Takeaway

    The judgment reinforces three significant principles in arbitration law. First, an arbitral tribunal cannot treat a party’s absence as a licence to dispense with fair hearing requirements. Documents and evidence relied upon must be communicated to the opposite party, and an adequate opportunity to respond must be provided.

    Second, where an arbitrator intends to proceed ex parte, procedural fairness requires appropriate notice; an award may be vulnerable under Section 34(2)(a)(iii) where a party was effectively prevented from presenting its case. Third, merely conducting arbitral sittings at a particular location does not necessarily make that location the juridical seat, particularly in a statutory arbitration where no seat has otherwise been designated or determined.

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Bombay High Court

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  • Delhi High Court: MSME Registration Cannot Operate Retrospectively; Pre-Registration Claims Cannot Be Revived Through MSEFC Arbitration

    Delhi High Court: MSME Registration Cannot Operate Retrospectively; Pre-Registration Claims Cannot Be Revived Through MSEFC Arbitration

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

    Date: 16.09.2026

    Delhi High Court: MSME Registration Cannot Operate Retrospectively; Pre-Registration Claims Cannot Be Revived Through MSEFC Arbitration

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    The Delhi High Court has dismissed an arbitration appeal filed by Shri Krishan Grit Co., holding that the benefits and dispute-resolution mechanism under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) cannot be invoked for claims arising before the enterprise acquired the relevant status as a registered โ€œsupplierโ€.

    Justice Tushar Rao Gedela, in Shri Krishan Grit Co. v. Continental Engineering Corporation, ARB.A.(COMM) 30/2024, upheld the Arbitral Tribunal’s decision that it lacked jurisdiction over the appellant’s claims. The appeal had been filed under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996 against the Tribunal’s order under Section 16.

    The Court relied substantially on the Supreme Court’s decision in Silpi Industries v. Kerala State Road Transport Corporation, (2021) 18 SCC 790 and reiterated that MSME registration operates prospectively rather than retrospectively.

    Dispute Arose From Supply of Aggregates and TMT Steel Bars

    • Shri Krishan Grit Co., a sole proprietorship of Sanjeev Gupta, was engaged in supplying aggregates, variants of aggregates and TMT steel bars for construction and infrastructure projects.
    • The respondent, Continental Engineering Corporation, was described as a foreign company incorporated in Taiwan with a project office registered in India.
    • The appellant claimed that it had supplied aggregates and TMT bars to the respondent under various contractual arrangements, including an MoU dated 9 February 2016, and that disputes subsequently arose over unpaid dues.
    • The appellant initially invoked arbitration under the arbitration clauses contained in purchase orders issued under the MoU. A former Chief Justice of the Andhra Pradesh High Court was appointed sole arbitrator, but those proceedings were terminated because the appellant failed to file its Statement of Claim.

    Supplier Subsequently Approached MSEF Council

    • After termination of the earlier arbitration, Shri Krishan Grit Co. approached the Micro and Small Enterprises Facilitation Council (MSEFC).
    • Following unsuccessful conciliation, the Council referred the dispute to the Delhi International Arbitration Centre (DIAC) under Section 18(3) of the MSMED Act. DIAC thereafter appointed a former Delhi High Court judge as sole arbitrator.
    • Continental Engineering challenged the Tribunal’s jurisdiction under Section 16 of the Arbitration and Conciliation Act.
    • On 13 September 2021, the Arbitral Tribunal allowed that application and held that it had no jurisdiction and that the arbitration proceedings initiated by the appellant were not maintainable.

    Core Question: Can MSME Registration Cover Earlier Transactions?

    • The principal question before the Delhi High Court was whether claims pertaining to 2016 and 2017-18 could be maintained under the MSMED Act when the appellant’s relevant registration in Delhi was obtained only on 26 February 2019.
    • The appellant sought to rely upon another MSME registration relating to its manufacturing unit at Sikar, Rajasthan, for which it claimed registration from 20 October 2016.
    • It argued that the location of registration should not matter and that the mere fact of being registered as an enterprise should be sufficient to maintain the claims. It further contended that the effect of the Rajasthan and Delhi registrations required evidence and could not be decided summarily.
    • The High Court rejected this argument.

    Supreme Court’s Silpi Industries Ruling Governs the Issue

    • The Court extensively considered Silpi Industries v. Kerala SRTC.
    • In Silpi Industries, the Supreme Court held that an entity cannot obtain MSME registration after entering into contracts and completing supplies and then retrospectively claim the statutory benefits available under the MSMED Act.
    • The Delhi High Court noted that registration is prospective and applies to supplies of goods or services subsequent to registration; it cannot retrospectively transform earlier transactions into transactions covered by the MSMED Act.
    • The appellant attempted to argue that the relevant observations in Silpi Industries were merely obiter dicta. Justice Gedela expressly rejected that contention, finding that the observations represented a clear principle of law laid down by the Supreme Court.
    • The High Court consequently stated that the law was settled that only claims arising after registration of an entity as a micro or small enterprise would be maintainable under the MSMED Act framework.

    โ€œSupplierโ€ Status Arises Upon Registration

    • The Court also examined Sections 2(n), 8 and 18 of the MSMED Act.
    • Section 2(n) defines a โ€œsupplierโ€ as a micro or small enterprise that has filed the prescribed memorandum with the authority referred to in Section 8.
    • On a conjoint reading of these provisions, the High Court held that it is upon the requisite registration that a party acquires the status of a โ€œsupplierโ€ for purposes of the MSMED Act and becomes entitled to the benefits conferred by the legislation.
    • Accordingly, the Court held that a supplier can seek reference of disputes to arbitration under Section 18 only in respect of claims arising after such registration.

    MSEFC Jurisdiction Is Linked to Location of Supplier

    • The judgment also contains an important finding concerning the territorial jurisdiction of Micro and Small Enterprises Facilitation Councils.
    • Examining Sections 18(4) and 18(5), the High Court held that only the MSEFC where the supplier is located has jurisdiction either to arbitrate the dispute itself or refer it to an arbitration institution or alternative dispute resolution centre.
    • The Court further held that the MSMED Act contemplates separate competent authorities for different States and does not contemplate an overlap in their territorial jurisdiction.
    • Thus, in the present circumstances, the Delhi MSEFC could exercise jurisdiction in accordance with Section 18 only in relation to the supplier located within its jurisdiction. The separate question, however, was whether the appellant’s 2019 Delhi registration could bring earlier claims within the MSMED Act.
    • The Court answered that question against the appellant.

    Claims Pre-Dated Delhi MSME Registration

    • The appellant’s manufacturing unit was stated to have been registered in Rajasthan in connection with manufacturing activity, while its subsequent Delhi registration was in the category of services.
    • The disputed claims arose in 2016 and 2017-18, but the appellant invoked the Delhi MSEFC on the strength of a Delhi registration obtained in 2019.
    • The High Court held that such claims fell foul of the principle laid down in Silpi Industries because they related to a period prior to the appellant’s registration in Delhi.
    • The Tribunal had also recorded specific dates on which the supplies of TMT bars, sand and aggregates were completed. Those transactions were completed well before the relevant 2019 registration on which the appellant had relied before the Delhi MSEFC.

    Rajasthan MSME Certificate Did Not Rescue the Claims

    • The High Court also rejected the attempt to rely upon the Rajasthan MSME certificate.
    • The Arbitral Tribunal had found that the Rajasthan certificate related to an enterprise situated at Neem Ka Thana, Sikar, Rajasthan, and concerned โ€œmanufacturing activityโ€, whereas the claimant before the Tribunal was Shri Krishan Grit Co. having its registered office at Narayana, New Delhi, whose certificate related to โ€œservices.โ€
    • The Tribunal also found that the Delhi entity had signed the MoU and supplied the material.
    • Justice Gedela held that the Tribunal had reached a definite factual conclusion on the issue, which could not be interfered with within the limited scope of a Section 37 appeal. The Court referred in this context to C & C Constructions Ltd. v. IRCON International Ltd., 2025 SCC OnLine SC 218.
    • The High Court further observed that the appellant’s Statement of Claim itself had relied upon the Delhi registration dated 26 February 2019, rather than the Rajasthan registration.

    Delhi HC Says Earlier Contrary View Cannot Survive Silpi Industries

    • The appellant relied upon M/s Ramky Infrastructure Pvt. Ltd. v. Micro and Small Enterprises Facilitation Council & Anr., 2018 SCC OnLine Del 9671 to contend that MSME registration was not a sine qua non for arbitration concerning claims arising before registration.
    • The High Court rejected the reliance, holding that the Supreme Court’s authoritative pronouncement in Silpi Industries laid down the law to the contrary.

    Earlier Abandoned Arbitration Was Another Barrier

    • The Court also examined another significant aspect of the dispute.
    • Before approaching the MSEFC, the appellant had already invoked contractual arbitration concerning the same claims. A sole arbitrator had entered upon the reference, but the appellant failed to file its Statement of Claim, resulting in termination of those proceedings with costs.
    • The Tribunal held that the appellant could not abandon those proceedings and subsequently initiate another arbitration concerning the same subject matter after obtaining MSME registration. It described the course adopted as impermissible โ€œforum hunting.โ€
    • The High Court noted that it was undisputed that the claims in the previous arbitration were the same as those raised in the subsequent proceedings and that the earlier proceedings had been terminated because of the appellant’s failure to file its Statement of Claim.
    • Referring to Harshbir Singh Pannu v. Jaswinder Singh, 2025 SCC OnLine SC 2742, the Court observed that an aggrieved party has appropriate remedies against termination of arbitration proceedings. Having failed to avail those remedies, the appellant could not reopen the abandoned claims merely by subsequently obtaining registration under the MSMED Act.

    Delhi High Court Dismisses Appeal

    • The Delhi High Court ultimately found no reason to interfere with the Arbitral Tribunal’s jurisdictional decision.
    • The Court held that the appellant’s claims pre-dated its relevant Delhi MSME registration and could not retrospectively be brought within the special dispute-resolution framework of the MSMED Act. The Tribunal’s view concerning the earlier abandoned arbitration was also upheld.
    • Accordingly, the Court held that the appeal was โ€œunmeritedโ€ and dismissed it.

    Why the Judgment Matters for MSMEs

    The judgment carries important implications for businesses seeking recovery of delayed payments through the MSEFC mechanism.

    An enterprise obtaining MSME registration after contracts have been performed cannot, merely by virtue of that subsequent registration, retrospectively bring historical transactions within the statutory benefits of the MSMED Act.

    The timing of the supplier’s registration, the period during which supplies were made, and the territorial jurisdiction of the relevant MSEFC can therefore become decisive jurisdictional questions.

    The ruling also demonstrates that subsequent MSME registration cannot ordinarily be used as a procedural route to reopen the same claims after an earlier arbitration has been abandoned without pursuing the remedies available against its termination.

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    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

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    Source: Delhi High Court

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  • Supreme Court: High Court Cannot Refuse Appointment of Arbitrator by Deciding Limitation at Pre-Reference Stage

    Supreme Court: High Court Cannot Refuse Appointment of Arbitrator by Deciding Limitation at Pre-Reference Stage

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

    Date: 15.09.2026

    Supreme Court: High Court Cannot Refuse Appointment of Arbitrator by Deciding Limitation at Pre-Reference Stage

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    The Supreme Court has held that an objection concerning limitation is a jurisdictional issue involving mixed questions of fact and law and must ordinarily be decided by the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act, 1996, rather than by the High Court at the pre-reference stage under Section 11.

    In M/s Uttarakhand Purv Sainik Kalyan Nigam Limited v. Northern Coal Field Limited, SLP (C) No. 11476 of 2018, a Bench comprising Justices Indu Malhotra and Ajay Rastogi set aside a High Court order which had refused appointment of an arbitrator on the ground that the contractor’s claims were barred by limitation.

    The Supreme Court held that, under the post-2015 framework of Section 11(6A), the Court’s scrutiny at the appointment stage is confined to the existence of an arbitration agreement, while limitation and other jurisdictional objections are matters for the arbitral tribunal.

    Dispute Arose From Security Services Contract

    • The dispute originated from an agreement dated 21 December 2010 between Uttarakhand Purv Sainik Kalyan Nigam Limited, the contractor, and Northern Coal Field Limited (NCL).
    • Under the agreement, the contractor was required to provide round-the-clock security services on a need basis at agreed contractual rates. The agreement contained an arbitration clause requiring disputes arising out of or in connection with the contract to be referred to a sole arbitrator.
    • Disputes subsequently arose concerning payments under the contract and deductions of security amounts from running bills.
    • On 29 May 2013, the contractor issued a legal notice demanding approximately โ‚น1.43 crore along with interest from NCL.

    Arbitration Invoked in March 2016

    • The contractor invoked arbitration through a notice dated 9 March 2016, calling upon NCL to nominate a sole arbitrator in accordance with the arbitration clause.
    • NCL did not respond. A further notice dated 30 May 2016 proposed the appointment of a retired Additional District Judge as sole arbitrator, but this notice also received no response.
    • Consequently, on 20 September 2016, the contractor approached the High Court under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator.
    • The High Court, however, rejected the application. It concluded that the contractor’s claims were barred by limitation and, therefore, declined to appoint an arbitrator.
    • The contractor then approached the Supreme Court.

    Supreme Court Examines Impact of 2015 Arbitration Amendment

    • The Supreme Court noted that under Section 21 of the Arbitration Act, arbitral proceedings commence when a request to refer the dispute to arbitration is received by the respondent.
    • Since the contractor invoked arbitration on 9 March 2016โ€”after the 2015 Amendment Act came into force on 23 October 2015โ€”the amended Section 11 governed the case.
    • This distinction became central to the Supreme Court’s decision.
    • The Court explained that the 2015 amendment significantly altered the scope of judicial scrutiny at the stage of appointment of an arbitrator.

    Earlier Law Allowed Wider Examination at Section 11 Stage

    • Before the 2015 amendment, the Supreme Court’s seven-Judge Constitution Bench decision in SBP & Co. v. Patel Engineering Ltd., (2005) 8 SCC 618 permitted broader judicial scrutiny under Section 11.
    • The appointing court could consider not only whether a valid arbitration agreement existed but also threshold questions concerning jurisdiction, including whether the claim was a dead or time-barred claim or whether the transaction had already been concluded through satisfaction of mutual rights and obligations.
    • That approach was subsequently followed in decisions including National Insurance Co. v. Boghara Polyfab (P) Ltd., (2009) 1 SCC 267 and Union of India v. Master Construction Co., (2011) 12 SCC 349.

    Section 11(6A) Restricts Court’s Inquiry

    • The Supreme Court explained that the 2015 Amendment Act inserted Section 11(6A) to substantially restrict judicial intervention at the pre-reference stage.
    • Section 11(6A), as applicable to the dispute, required the Supreme Court or High Court dealing with an appointment application to confine itself to examining the existence of the arbitration agreement.
    • The Court held that the non-obstante clause contained in Section 11(6A) had legislatively overridden the broader approach adopted in Patel Engineering and Boghara Polyfab.
    • The Supreme Court also relied upon Duro Felguera S.A. v. Gangavaram Port Ltd., (2017) 9 SCC 729, where it had been held that at the Section 11(6A) stage, the Court โ€œneed only look intoโ€ the existence of the arbitration agreement.

    Kompetenz-Kompetenz Principle Favours Arbitral Tribunal Deciding Its Own Jurisdiction

    • The judgment places significant emphasis on the Kompetenz-Kompetenz principle, embodied in Section 16 of the Arbitration Act.
    • Under this principle, an arbitral tribunal has competence to rule on its own jurisdiction, including jurisdictional objections concerning the existence or validity of the arbitration agreement.
    • The Supreme Court explained that the principle is intended to minimise judicial intervention and prevent the arbitral process from being obstructed at the threshold merely because one party raises a preliminary objection.
    • The Court further observed that the underlying legislative policy of the Arbitration Act favours party autonomy and minimal judicial intervention. Once the tribunal is constituted, issues and objections falling within its jurisdiction should ordinarily be decided by the tribunal itself.

    Limitation Is for the Arbitrator to Decide

    • The most important finding of the judgment concerns limitation.
    • The Supreme Court held that the issue of limitation is a jurisdictional issue and a mixed question of fact and law.
    • Accordingly, where the existence of the arbitration agreement is not disputed, the High Court should not decide limitation while considering an application for appointment of an arbitrator under Section 11. The issue should instead be left for determination by the arbitral tribunal under Section 16.
    • The Court relied upon ITW Signode India Ltd. v. Collector of Central Excise, (2004) 3 SCC 48, where limitation was recognised as involving a question of jurisdiction.
    • It also referred to NTPC v. Siemens Atkein Gesell Schaft, (2007) 4 SCC 451 and Indian Farmers Fertilizers Cooperative Ltd. v. Bhadra Products, (2018) 2 SCC 534, in support of the proposition that limitation may be adjudicated by the arbitral tribunal under Section 16.
    • If the tribunal concludes that a claim is dead or barred by limitation, it can decide the objection accordingly. If the jurisdictional plea is rejected and an award ultimately follows, the aggrieved party retains the statutory remedy of challenging the award under Section 34 of the Arbitration Act.

    High Court Order Set Aside

    • Applying these principles, the Supreme Court set aside the High Court’s order dated 11 January 2018, which had refused to appoint an arbitrator on limitation grounds.
    • The Court expressly directed that the issue of limitation be decided by the arbitral tribunal.
    • With the consent of the parties, the Supreme Court appointed Justice (Retd.) A.M. Sapre, former Judge of the Supreme Court, as the sole arbitrator, subject to the statutory declarations concerning independence and impartiality under Section 12 and the timeline prescribed under Section 29A.

    Singrauli Held to Be Seat of Arbitration

    • The Court also addressed the contractual stipulation that arbitration would take place at Singrauli, Madhya Pradesh.
    • It held that, consequently, the seat of arbitration was Singrauli, subject to modification by consent of the parties. The arbitrator was nevertheless given liberty to conduct proceedings at another convenient venue if required.
    • The parties were directed to share arbitration costs equally, with the arbitrator’s fees governed by the Fourth Schedule to the Arbitration Act.

    Key Legal Principle

    The ruling establishes, in the statutory context considered by the Court, that once the existence of an arbitration agreement is undisputed, the Section 11 court should not undertake a detailed adjudication of limitation. Limitation, being a mixed question of fact and law and a jurisdictional issue, should be decided by the arbitral tribunal under Section 16.

    The decision is an important exposition of the legislative objective behind the 2015 amendment: restrict judicial interference at the pre-reference stage and allow the arbitral tribunal to decide threshold and jurisdictional objections under the Kompetenz-Kompetenz principle. It is equally important that the Supreme Court did not hold that the contractor’s โ‚น1.43 crore claim was within limitation.

    It only held that the High Court was not the proper forum to finally determine that objection at the Section 11 appointment stage; the limitation defence was left open for adjudication by the arbitrator.

    Connected Matter

    Supreme Court Restores โ‚น2,782 Crore Arbitral Award in Delhi Airport Metro Dispute; Warns Courts Against Re-Appreciating Evidence Under Sections 34 and 37

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Supreme Court

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  • Supreme Court Restores โ‚น2,782 Crore Arbitral Award in Delhi Airport Metro Dispute; Warns Courts Against Re-Appreciating Evidence Under Sections 34 and 37

    Supreme Court Restores โ‚น2,782 Crore Arbitral Award in Delhi Airport Metro Dispute; Warns Courts Against Re-Appreciating Evidence Under Sections 34 and 37

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

    Date: 14.09.2026

    Supreme Court Restores โ‚น2,782 Crore Arbitral Award in Delhi Airport Metro Dispute; Warns Courts Against Re-Appreciating Evidence Under Sections 34 and 37

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    In a major ruling on the limits of judicial interference with arbitral awards, the Supreme Court ruled in favour of Delhi Airport Metro Express Pvt. Ltd. (DAMEPL) and set aside the Delhi High Court Division Bench judgment that had interfered with an arbitral award of โ‚น2,782.33 crore plus interest in DAMEPL’s favour against Delhi Metro Rail Corporation Ltd. (DMRC).

    The Supreme Court strongly cautioned against courts effectively sitting in appeal over arbitral awards by reassessing facts and evidence and then characterising their disagreement with the arbitrator as “perversity” or “patent illegality”. The Court emphasised that the Arbitration and Conciliation Act, 1996 is founded upon the principle of minimal judicial interference with arbitration.

    Dispute Arising From Delhi Airport Metro Express Line

    • The dispute arose from the Airport Metro Express Line (AMEL) project connecting New Delhi Railway Station with Dwarka Sector 21 through Indira Gandhi International Airport.
    • DMRC proposed to develop the approximately 22.7-km project through a public-private partnership. A consortium comprising Reliance Energy Limited, later renamed Reliance Infrastructure Limited, and Construcciones y Auxiliar de Ferrocarriles, S.A. was selected, following which DMRC and DAMEPL entered into a Concession Agreement dated 25 August 2008.
    • Under the arrangement, DMRC was responsible for civil works, while DAMEPL was responsible for various systems including rolling stock, power supply, overhead equipment, signalling and other operational infrastructure. Commercial operations commenced on 23 February 2011.

    Structural Defects Led to Termination Dispute

    • DAMEPL subsequently raised concerns regarding defects in the viaduct and bearings. A joint inspection process followed, and DAMEPL eventually stopped operations on 8 July 2012.
    • On 9 July 2012, DAMEPL issued a notice requiring DMRC to cure the defects within 90 days. It subsequently issued a termination notice dated 8 October 2012, alleging that the defects had not been cured within the stipulated period and that DMRC was consequently in default under the Concession Agreement.
    • DMRC invoked arbitration on 23 October 2012. The Airport Metro Line later resumed operations at a reduced speed, but DAMEPL eventually ceased operations and handed the line over to DMRC.

    Arbitral Tribunal Found DMRC in Breach

    • The Arbitral Tribunal was principally required to decide whether DAMEPL’s termination of the Concession Agreement was valid.
    • The Tribunal undertook a detailed examination of the structural defects and the remedial measures undertaken by DMRC. It found, among other things, 1,551 cracks across 367 girders, representing about 72% of the girders examined. It concluded that effective steps had not been taken within the stipulated 90-day cure period and held that DMRC was in breach of the Concession Agreement.
    • The Tribunal also examined other alleged defects, including twists in girders and gaps involving structural components, and concluded that the defects had neither been cured nor had effective remedial steps been taken within the stipulated period. It therefore upheld DAMEPL’s termination notice.

    Tribunal Awards โ‚น2,782.33 Crore Plus Interest to DAMEPL

    • Following its finding that DAMEPL validly terminated the Concession Agreement due to a DMRC event of default, the Tribunal considered DAMEPL’s claim for termination payment.
    • DAMEPL had sought approximately โ‚น3,470 crore. In calculating the amount payable, the Tribunal determined โ‚น611.95 crore to qualify as “Equity”, calculated “Adjusted Equity” at โ‚น983.02 crore and ultimately awarded โ‚น2,782.33 crore along with further interest as termination payment payable by DMRC to DAMEPL.

    Single Judge Refused to Interfere Under Section 34

    • DMRC challenged the award before the Delhi High Court under Section 34 of the Arbitration and Conciliation Act, 1996.
    • A Single Judge dismissed DMRC’s challenge on 6 March 2018, holding that the Tribunal’s findings concerning facts, law and interpretation of the Concession Agreement fell within the arbitrators’ domain.
    • The Single Judge also recognised the fundamental principle that where two views are possible and the view adopted by the Tribunal is plausible, a court exercising Section 34 jurisdiction cannot substitute its own interpretation merely because it prefers another view.

    Delhi High Court Division Bench Partly Set Aside Award

    • DMRC thereafter approached the Division Bench under Section 37 of the Arbitration Act.
    • The Division Bench reversed the Single Judge and partly set aside the arbitral award. It found fault with the Tribunal’s reasoning concerning the termination date, the effect of the Commissioner of Metro Railway Safety’s certificate and the calculation of Adjusted Equity.
    • The High Court concluded that the award suffered from perversity, irrationality and patent illegality. It consequently set aside the Tribunal’s conclusions concerning the validity of the termination notice and treatment of โ‚น611.95 crore as Equity, which resulted in the โ‚น2,782.33 crore award being set aside.
    • DAMEPL then approached the Supreme Court.

    Supreme Court Explains the Narrow Scope of โ€œPatent Illegalityโ€

    1. The Supreme Court used the dispute to reiterate the narrow limits within which courts can interfere with arbitral awards.
    2. It held that patent illegality must be an illegality that goes to the root of the matter. Every error of law committed by an arbitral tribunal cannot automatically be characterised as patent illegality, nor can an erroneous application of law by itself justify setting aside an award.
    3. Most importantly, the Court held that courts cannot re-appreciate evidence in order to conclude that an award suffers from patent illegality because a court exercising jurisdiction under Section 34 does not sit as an appellate court over the arbitrator.
    4. Interference may nevertheless be permissible where the arbitrator adopts a view that is not even a possible view, interprets the contract in a manner that no fair-minded or reasonable person could adopt, travels beyond the contract, gives no reasons, bases conclusions on no evidence, ignores vital evidence, or considers documents not supplied to the other party.

    Supreme Court Flags โ€œDisturbing Tendencyโ€ of Courts Setting Aside Awards

    • One of the most significant observations in the judgment concerns excessive judicial scrutiny of arbitral awards.
    • The Supreme Court noted a โ€œdisturbing tendencyโ€ of courts to dissect and reassess factual aspects of arbitration disputes, reach their own conclusions and thereafter label the award perverse or patently illegal.
    • Such an approach, the Court warned, would undermine the object of the Arbitration and Conciliation Act, which is to preserve minimal judicial interference with arbitral awards.
    • This observation has significant implications for arbitration jurisprudence because it reinforces the distinction between judicial review of an award and an appeal on the merits of the dispute.

    Interpretation of Contract Is Primarily for the Arbitrator

    • The dispute also involved the interpretation of Article 29.5.1 of the Concession Agreement concerning the period available to DMRC to cure the alleged defects.
    • The Arbitral Tribunal interpreted the provision to mean that DMRC had 90 days from the cure notice dated 9 July 2012 to cure the defects. The Supreme Court held that this represented a possible interpretation of the contractual provision.
    • Even assuming that another interpretation could also have been adopted, the Court refused to interfere because construction of the Concession Agreement was within the domain of the Arbitral Tribunal.
    • The ruling therefore reinforces the proposition that a court cannot substitute its preferred contractual interpretation for a plausible interpretation adopted by the arbitrator.

    CMRS Safety Certificate Did Not Justify Setting Aside Award

    • DMRC relied heavily upon the certificate issued by the Commissioner of Metro Railway Safety (CMRS) permitting resumption of operations.
    • DMRC argued that the certificate demonstrated that the defects had been rectified and that the Tribunal had improperly disregarded important evidence.
    • The Supreme Court, however, distinguished between the statutory question of whether the Metro Line was sufficiently safe to resume passenger operations and the contractual question before the Tribunalโ€”whether DMRC had breached the Concession Agreement and whether the defects had been cured within the contractually prescribed period.
    • The Supreme Court ultimately rejected the Division Bench’s conclusion that the Tribunal’s treatment of the CMRS certificate rendered the award patently illegal. It emphasised that the arbitrator is the judge of the quality as well as quantity of evidence, and a court under Section 34 cannot reassess that evidence as though exercising appellate jurisdiction.

    โ‚น611.95 Crore โ€œAdjusted Equityโ€ Finding Also Protected From Re-Appreciation

    • Another important issue concerned the Tribunal’s treatment of โ‚น611.95 crore as Equity for determining the termination payment.
    • The Delhi High Court Division Bench had found the Tribunal’s approach flawed and had interfered with the calculation. However, the Supreme Court examined the contractual framework governing termination payment and Adjusted Equity and concluded that the Division Bench had exceeded the permissible limits of judicial review.
    • The Court’s approach once again emphasised that interpretation of contractual provisions and evaluation of evidence primarily belong to the arbitral tribunal unless the resulting view crosses the stringent threshold for interference under Section 34.

    Sections 34 and 37 Do Not Permit an Appeal on Merits

    1. The judgment assumes particular importance because the proceedings had travelled through both Section 34 and Section 37 of the Arbitration Act.
    2. The Supreme Court made it clear that the narrow scope of interference applicable to Section 34 cannot be enlarged merely because the matter reaches the appellate stage under Section 37.
    3. The underlying principle remains that arbitration is intended to provide finality to disputes and that judicial intervention must remain confined to the grounds expressly permitted by the Arbitration and Conciliation Act.
    4. The Court noted that one of the principal objectives of the 1996 Act is to minimise the supervisory role of courts in arbitration, with Section 5 expressly restricting judicial intervention except where the Act provides otherwise.

    Supreme Court Restores DAMEPLโ€™s Victory

    • Ultimately, the Supreme Court allowed DAMEPL’s appeal and set aside the Delhi High Court Division Bench judgment.
    • DMRC’s connected appeal arising out of SLP (C) No. 8311 of 2019 was dismissed. The Supreme Court also declined to interfere with the Tribunal’s award of interest, noting that it had been granted in accordance with the terms of the Concession Agreement.
    • The result effectively restored the arbitral award in DAMEPL’s favour, including the โ‚น2,782.33 crore termination payment along with further interest.

    Why the Judgment Is Significant for Arbitration Law

    • The decision is an important authority on the limits of the expressions โ€œpatent illegalityโ€, โ€œperversityโ€ and โ€œpublic policyโ€ when courts review domestic arbitral awards.
    • The judgment makes clear that disagreement with an arbitrator’s factual assessment is not enough. Nor is the availability of a better or alternative interpretation of the contract sufficient to justify judicial interference.
    • The threshold is substantially higher: the defect must fall within the limited statutory grounds contemplated by Section 34.
    • This distinction is crucial because permitting courts to reassess evidence, contractual interpretation and factual conclusions would effectively transform proceedings under Sections 34 and 37 into ordinary appealsโ€”something the statutory arbitration framework deliberately seeks to prevent.

    Key Takeaway

    The Supreme Court’s ruling establishes a strong principle of arbitral finality and judicial restraint:

    Courts cannot re-appreciate evidence or substitute their own interpretation merely because another view is possible and then characterise the arbitral award as โ€œpatently illegalโ€ or โ€œperverseโ€. Patent illegality must go to the root of the matter, and judicial interference must remain within the narrow boundaries prescribed by Section 34 of the Arbitration and Conciliation Act.

    On the outcome, DAMEPL succeeded before the Supreme Court, while DMRC’s challenge failed. The Delhi High Court Division Bench judgment was set aside and the Tribunal’s award in favour of DAMEPL stood restored.

    Connected Matter

    Supreme Court: High Court Cannot Refuse Appointment of Arbitrator by Deciding Limitation at Pre-Reference Stage

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

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    Source: Supreme Court

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  • Supreme Court: โ€œPatent Illegalityโ€ Cannot Be Invoked to Re-Appreciate Evidence or Substitute Courtโ€™s View for Arbitratorโ€™s Findings

    Supreme Court: โ€œPatent Illegalityโ€ Cannot Be Invoked to Re-Appreciate Evidence or Substitute Courtโ€™s View for Arbitratorโ€™s Findings

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

    Date: 12.09.2026

    Supreme Court: โ€œPatent Illegalityโ€ Cannot Be Invoked to Re-Appreciate Evidence or Substitute Courtโ€™s View for Arbitratorโ€™s Findings

    This Short Article has been prepared & written by Arbitrator Shobhit Mallik. The views expressed are based on his interpretation of the law. He can be reached at his email id shobhit.Ica23@gmail.com .

    In a significant judgment governing judicial interference with arbitral awards, the Supreme Court has restored an arbitral award of โ‚น3.71 crore with statutory interest in favour of contractor Ramesh Kumar Jain against Bharat Aluminium Company Limited (BALCO), holding that the Chhattisgarh High Court exceeded the limited jurisdiction available under Section 37 of the Arbitration and Conciliation Act, 1996 by effectively re-appreciating evidence and substituting its own interpretation for that of the arbitrator.

    The Court reiterated that an arbitral award cannot be set aside merely because a court considers another interpretation of the evidence or contractual arrangement to be more plausible. The threshold of โ€œpatent illegalityโ€ requires something substantially more serious than an erroneous factual assessment or a difference of opinion with the arbitrator.

    Background of the Dispute

    • BALCO had invited tenders for mining and transportation of 3,70,000 metric tonnes of bauxite from its Mainpat mines to the Korba Alumina Plant. Ramesh Kumar Jain submitted the lowest bid, and after negotiations an agreement dated 11 December 1999 was entered into for mining and transportation of 2,22,000 MT of bauxite at โ‚น634.20 per MT.
    • The work was originally required to be completed within 18 months, by May 2001, but was extended until September 2001. After the contracted quantity had been supplied, BALCO requested Jain, through a letter dated 5 January 2002, to continue the mining and transportation work, with the rate for the additional work to be decided subsequently after consultation.
    • Jain continued the work and supplied approximately 1,95,000 MT of additional bauxite between 16 June 2001 and 31 March 2002. A dispute thereafter arose regarding payment for the additional work, resulting in invocation of the arbitration clause. The High Court eventually referred the dispute to arbitration under Section 11(6) of the Arbitration Act.

    Arbitrator Awards โ‚น3.71 Crore With Statutory Interest

    • After considering the pleadings and evidence and framing 13 issues, the sole arbitrator passed an award dated 15 July 2012 in favour of Jain.
    • The award covered, among other things, compensation for additional work, increased transportation costs arising from restrictions on truck capacity, idle manpower and machinery during a strike period, and interest attributable to delay in payment of a running-account bill. The aggregate amount of the substantive claims, inclusive of the specified pre-award interest, was โ‚น2,34,57,783.
    • The arbitrator further awarded 12% interest from 1 September 2007 to 15 July 2012 amounting to โ‚น1,37,22,801, bringing the total award to โ‚น3,71,80,584, along with statutory interest under Section 31(7)(b) from the date of the award until payment.

    Commercial Court Upholds Award, High Court Sets It Aside

    • BALCO challenged the award under Section 34 of the Arbitration and Conciliation Act. The Commercial Court, Raipur, rejected the challenge on 2 January 2017, finding that the arbitrator had rendered reasoned findings on the claims after considering the oral and documentary evidence and that the award could not be characterised as arbitrary or capricious.
    • BALCO thereafter approached the Chhattisgarh High Court under Section 37. The High Court allowed the appeal on 3 May 2023 and set aside the arbitral award that had been affirmed by the Commercial Court.
    • This brought the original claimant, Ramesh Kumar Jain, before the Supreme Court.

    Supreme Court: Section 37 Does Not Permit Re-Appreciation of Evidence

    • The Supreme Court framed the central question as whether the High Court could interfere with the arbitral award on the ground of patent illegality under Section 37 after the award had already survived scrutiny under Section 34.
    • The Court emphasised the legislative policy of minimal judicial intervention in arbitration. Section 34 provides only a narrow supervisory jurisdiction, and courts exercising that jurisdiction do not sit as appellate courts over arbitral awards.
    • More importantly, the scope of scrutiny under Section 37 is not wider than Section 34. The Court relied upon authorities including MMTC Ltd. v. Vedanta Ltd., Konkan Railway Corporation Ltd. v. Chenab Bridge Project Undertaking and Hindustan Construction Company Ltd. v. NHAI to reiterate that Section 37 does not enlarge the appellate court’s power to reassess an arbitral award.
    • The Supreme Court further observed that the scope of interference under Section 37 is even narrower where the arbitral award has already been upheld or substantially upheld under Section 34. Reassessment or re-appreciation of evidence lies outside the permissible contours of judicial review under both provisions.

    What Constitutes โ€œPatent Illegalityโ€?

    • The judgment contains an important exposition of the meaning of patent illegality in arbitration law.
    • Following the 2015 amendment to Section 34, an award cannot be set aside merely because there has been an erroneous application of law or because a court would appreciate the evidence differently. The illegality must go to the root of the award.
    • The Supreme Court explained that an award may be vulnerable where an arbitrator ignores a binding precedent or an express contractual prohibition, or where a finding is based on no evidence at all. But if there is some evidence on the record from which the arbitrator has drawn a reasonably plausible inference, a court should ordinarily not substitute its own view.
    • The Court made an especially important distinction between โ€œno evidenceโ€ and weak or scant evidence. Patent illegality may arise when a crucial conclusion has absolutely no evidentiary basis. However, where even some relevant evidence existsโ€”including witness testimony or documentsโ€”the court cannot label the award patently illegal merely because it considers that evidence to have low probative value.

    Arbitrator Is the Master of Facts and Evidence

    • On examining the award, the Supreme Court found that the arbitrator had considered both oral and documentary material, including the evidence of claimant R.K. Jain and BALCO’s Assistant General Manager/Engineer-in-Charge, along with affidavits and correspondence.
    • The Court noted that the arbitrator had not mechanically accepted every claim. Certain claims were reduced while another claim relating to removal of extra overburden was rejected altogether. This demonstrated an application of mind rather than arbitrary acceptance of the contractor’s calculations.
    • The Supreme Court therefore rejected the High Court’s conclusion that the award was founded merely upon guesswork or lacked evidence.

    Arbitrator Can Apply Quantum Meruit Where Contract Is Silent

    • Another major aspect of the ruling concerns Section 70 of the Indian Contract Act, 1872 and the principle of quantum meruit.
    • The Supreme Court clarified that an arbitrator cannot make an award contrary to an express contractual prohibition. However, where the contract is simply silent on a legitimate claim naturally arising from the parties’ contractual relationship, the tribunal can interpret implied terms or fill the contractual gap, provided it does not contradict an express provision.
    • Section 70 creates a restitutionary obligation where one person lawfully does something for another without intending it to be gratuitous and the other person enjoys the resulting benefit. In such circumstances, compensation may be payable for the benefit received.

    โ‚น10 Per MT Additional Compensation Did Not Rewrite Contract

    • BALCO had contendedโ€”and the High Court had acceptedโ€”that the arbitrator effectively rewrote the contract by increasing the compensation for additional work by โ‚น10 per MT.
    • The Supreme Court disagreed.
    • It found that after the earlier contractual period, Jain continued mining and transporting an additional 1,95,000 MT of bauxite at BALCO’s request, while the price for such additional work had expressly been left open to be settled subsequently by mutual consensus. That exercise was never completed.
    • In those circumstances, the arbitrator did not rewrite an agreed contractual rate. Rather, he filled a contractual vacuum by awarding reasonable compensation under Section 70 of the Contract Act to prevent unjust enrichment.
    • The additional โ‚น10 per MTโ€”raising the rate from โ‚น634.20 to โ‚น644.20 per MTโ€”was therefore treated as reasonable compensation for additional work rather than an impermissible modification of an agreed contractual term.
    • The Supreme Court further held that claims based on quantum meruit or unjust enrichment can be determined in arbitration where they fall within the scope of disputes referred to the tribunal, either expressly or by necessary implication.

    โ€œGuessworkโ€ Does Not Automatically Make an Award Patently Illegal

    • The Supreme Court also rejected the High Court’s reasoning regarding percentage-based or approximate calculations adopted by the arbitrator.
    • It held that the alleged errors concerning lack of evidence or percentage-based allowances did not, individually or cumulatively, reach the threshold of patent illegality. There was at least some evidence and logical reasoning supporting each component of the award, and the arbitrator’s conclusions constituted a possible view that a reasonable decision-maker could take.
    • The Court also stressed that arbitrators are not bound by strict rules of evidence, having regard to Section 19 of the Arbitration Act. A court cannot interfere simply because an arbitrator’s reasoning is brief, so long as the reasoning path leading to the conclusion can be discerned.

    Supreme Court Restores Arbitral Award

    • Ultimately, the Supreme Court held that the Chhattisgarh High Court had impermissibly re-appreciated the evidence and substituted its own interpretation for that of the arbitrator while exercising its limited jurisdiction under Section 37.
    • Accordingly, the Supreme Court allowed Ramesh Kumar Jain’s appeal and set aside the High Court judgment dated 3 May 2023.
    • As a consequence, the Commercial Court’s judgment dated 2 January 2017 affirming the arbitral award dated 15 July 2012 was restored. The โ‚น3.71 crore arbitral award, together with the statutory interest directed by the arbitrator, therefore stands revived.

    Significance of the Judgment

    • The ruling reinforces three important principles of Indian arbitration law.
    • First, Sections 34 and 37 do not provide courts with appellate jurisdiction over the merits of an arbitral award. Secondly, โ€œpatent illegalityโ€ cannot become a device for reopening factual findings merely because another interpretation appears preferable. Thirdly, where a contract is silent regarding compensation for additional work that was requested and accepted, an arbitral tribunal may, in an appropriate case, apply Section 70 of the Contract Act and principles of quantum meruit/unjust enrichment to determine reasonable compensation.

    The judgment therefore strengthens the principle of arbitral finality and minimal judicial interference, while also clarifying the dividing line between an arbitrator impermissibly rewriting a contract and legitimately filling a contractual vacuum arising from additional work performed and accepted by the other party.

    Connected Matter

    Supreme Court: โ€œPatent Illegalityโ€ Cannot Be Invoked to Re-Appreciate Evidence or Substitute Courtโ€™s View for Arbitratorโ€™s Findings

    Aadrikaa Legal Services is a trusted legal and regulatory support partner providing end-to-end legal solutions to law firms, corporate organizations, and businesses across India. We specialize in paralegal services, litigation support, tax and regulatory matters, delivering reliable, efficient, and result-oriented legal assistance.

    Our services include comprehensive paralegal support, drafting and documentation, legal research, case management, litigation handling, and representation support across various judicial and quasi-judicial forums. We also assist in direct and indirect tax matters, customs, GST, corporate regulatory compliance, and legal advisory.

    Source: Supreme Court

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