No Clause, No Deduction: Delhi HC Sets Aside Arbitral Award Allowing MGCC Shortfall Deduction as Patently Illegal
“There cannot be quarrel with the proposition that no clause can be read into the contract entered between the parties.”
arbitral award
Explainer: Delhi High Court on Limitation, Waiver, and MGCC Shortfall Deductions under Arbitral Awards in Section 34 Proceedings
The Delhi High Court upheld an arbitral award holding that deduction towards Minimum Guaranteed CENVAT Credit (MGCC) shortfall was impermissible in the absence of an express contractual clause. The Court also ruled that limitation commenced from the date of actual deduction from final invoices and not from a prior notice contemplating such deduction.
Legal Representatives Must Challenge Arbitral Awards Under Section 34, Not Article 227 or Section 115 CPC: Supreme Court
“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”
Supreme Court February 2026 Roundup: Key Judgments on Prison Reforms, NCERT Class 8 Judiciary Chapter Row, Arbitration and More
Stay informed with the latest Supreme Court judgments from February 2026, covering critical areas such as uniform governance of Open Correctional Institutions; adjudication of WB SIR claims; NCERT book chapter on judiciary; Concerns over fraternity in ‘Ghooskhor Pandat’ case etc.
Findings of already set-aside arbitral award cannot be treated as “alive and final”; Kerala HC quashes subsequent award
“It is trite law that if the Arbitrator fails to decide the counter claim in accordance with law, it will vitiate the award and that it is within the Arbitrator’s jurisdiction to decide both the claim and counter claim.”
Arbitration and Conciliation Act, 1996 | Time-Barred Claim ≠ Time-Barred Section 11 Petition: Punjab and Haryana High Court appoints Second Arbitrator
“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”
Constructive res judicata bars re-litigation of interest claims; fresh arbitration impermissible after arbitral award: Bombay High Court
“Since disputes had already been subjected to arbitration and culminated in the Arbitral Award, the disputes and differences, including differences over interest payment prior to commencement of arbitration, are issues that are covered by constructive res judicata.”
Bombay High Court upholds Arbitral Award against TCS; Orders Rs. 96 Lakh Compensation to Inspira for Failed Edge Servers Delivery
“TCS should consider itself lucky that Inspira was successful in selling TCS’s user-specific Servers… Otherwise, TCS would have been liable to pay the entire price.”
Parties agreeing to rate of interest cannot later challenge it on ground of public policy: SC upholds 36% interest in BPL-Morgan Securities and Credits case
BPL Ltd., having knowingly entered into the bill discounting agreement, was bound by its terms. Since it defaulted on repayment for years, the stipulated 36% compound interest could not be considered burdensome or oppressive.
Bombay High Court upholds arbitral award granting Rs 5.37 crore to TCS over cancelled recruitment examination
“The UPLA Secretariat terminated the agreement with TCS in 2016, citing anomalies in another examination conducted by TCS for the Railway Recruitment Board.”
Order terminating arbitral proceedings under Section 25 (a) of the Arbitration Act is not an ‘Award’: Delhi High Court
“Such an order merely terminates the arbitral proceedings on account of the claimant’s default in filing the statement of claim and does not involve any adjudication or determination of the rights or obligations of the parties.”
‘Arbitral awards by lay arbitrators tested for substantial correctness, but natural justice remains non-negotiable’; Madras HC sets aside award passed by family elders
The Court was dealing with a case where the arbitrators forming part of the Arbitral Tribunal are not only lay persons, but are also, the family elders, who consented to resolve the dispute between two brothers considering the overall interest of the family and its business.
Rajasthan High Court: Appellate power under Section 37 confined to domain of Section 34 of Arbitration Act
“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”
‘Arbitral award must be within parameters of arbitration agreement’; Supreme Court upholds setting aside of award granted in favour of SEPCO Electric Power
“When a party is unable to analyse, comment or argue on a contention raised by the other party, it will certainly be deemed as a breach of natural justice and thereby, also a violation of the most fundamental notions of justice.”
‘Anything the Court can see; the opposing party must be allowed to see’; Bombay High Court sets aside Arbitral Award over redacted disclosures
The Court emphasised upon transparency in arbitration proceedings by setting aside an arbitral tribunal’s order which was based on a heavily redacted document. The Court categorically held that allowing parties to squirrel some information into the court record “in sealed cover” undermines every concept of fair justice and openness and transparency in the decision-making process.
Know why Bombay HC directed Amazon to delist Victorinox products sold by former dealer Gute Reise
“Should Gute Reise be desirous of using its account with Amazon for selling any products other than Victorinox’s branded products, it shall be free to do so, and Amazon shall not stand in the way of Gute Reise selling other products.”
Allowing Modification of Arbitral Award by Court — A Retrograde Step?
by Dr G.B. Reddy* and Dr S.B. Md. Irfan Ali Abbas**
Detailed Breakdown of Gujarat High Court Ruling on Delay in curing registry defects under Section 34 and its impact on arbitration applications
The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.
Supreme Court May 2025: Latest Stories & Judgments on New Appointments; Arbitral Award; Maternity leave; SCBA elections; 3-year Legal Practice for Judiciary; and more
Stay informed with the latest Supreme Court judgments from May 2025, covering critical topics such as modifications to arbitral awards, maternity leave policies, SCBA elections, and the right to digital access. This comprehensive roundup also highlights the appointments and transfers by the Supreme Court. Explore the key rulings shaping the legal landscape.
Objections under S. 47 CPC not allowed in enforcement proceedings of arbitral award, allowing such objection undermines S.34 A&C Act: Delhi HC
“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”