2026 SCC Vol. 4 Part 2: Key Supreme Court Cases on Arbitration, Government Contracts, & IBC
Explore the latest Supreme Court Cases in 2026 SCC Vol. 4 Part 2 on demurrer, speculative purchasers, public auction, and more.
arbitration and conciliation act
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.”
Rejection of Jurisdictional Plea Not an Interim Award; Challenge Lies Only After Final Arbitral Award: Supreme Court
Supreme Court clarifies that rejection of a jurisdictional plea under Section 16, Arbitration and Conciliation Act, 1996 cannot be challenged under Section 34 at an interim stage and must await the final arbitral award.
Can Unsuccessful Party Invoke Section 9 A&C Act at Post-Award Stage? Supreme Court Answers
“A literal interpretation of Section 9 of the Act would indicate that the right to seek interim relief is available to any party to the arbitration before or during arbitral proceedings or at any time after the award is delivered but before it is enforced in accordance with Section 36 of the Act.”
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’.”
Use of Expression “Can” in Arbitration Clause Indicates Mere Possibility, Not Binding Agreement to Arbitrate: Supreme Court
“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”
IIDW 2026 Concludes with Key Discussions on Arbitration, Mediation and Institutional Frameworks
The fifth and final day of IIDW 2026 brought together judges, senior advocates, academics, practitioners, and international delegates for a series of discussions on arbitration, mediation, and institutional reform, culminating in reflections on India’s evolving role as a trusted seat of dispute resolution.
India International Disputes Week 2026: Experts discuss India’s Evolving Influence in the Global Legal Architecture
India International Disputes Week 2026 explored India’s growing influence in the global legal order, with discussions on constitutional jurisprudence, arbitration law, international criminal justice, and cross-border dispute resolution.
India International Disputes Week 2026 opens with Launch of the Chandigarh International Arbitration Centre
Day 1 of India International Disputes Week 2026, commenced in Chandigarh with the launch of the Chandigarh International Arbitration Centre (CIAC), an initiative of the Punjab and Haryana High Court, marking an important institutional development in India’s dispute resolution ecosystem.
Section 29-A doesn’t mandate automatic substitution of Arbitrator; Supreme Court set asides order terminating mandate
“The impugned interim order has been passed by the High Court on a misinterpretation of the ratio of the decision of this Court in Mohan Lal Fatehpuria (supra).”
Not Orwell’s ‘Big Brother’: Supreme Court Clarifies Which Court Can Extend Arbitral Mandate Under Section 29-A
“The ‘Court’ under Section 29A shall be the Civil Court of ordinary original jurisdiction in a district and includes the High Court in exercise of its original civil jurisdiction under Section 2(1)(e), and shall not be the High Court or the Supreme Court under Section 11(6) of the Act.”
Forged Arbitration Agreement Not Arbitrable: Supreme Court Clarifies Scope of Sections 8 & 11
“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”
Civil suit cannot vitiate arbitral awards on grounds of fraud: Delhi High Court upholds Single Judge’s order
Once arbitral award attains finality up to the Supreme Court, separate civil suit challenging underlying transaction on grounds of fraud is barred by Section 5 of the Arbitration Act and principles of finality.
Madras High Court permits film ‘Akhanda 2’ release after parties agreed to settle Film distribution dispute
In light of the settlement agreement and receipt of ₹5 Crores, the Court vacated the he interim order of injunction and permitted the release the movie ‘Akhanda 2’.
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.”
Supreme Court explains impact of undue and unexplained delay on validity of arbitral awards
Supreme Court held that the undue delay and indecisive conduct of the Arbitrator, which culminated in a rudderless Award, were utterly shocking, as he completely lost sight of the fundamental purpose of the arbitration process.
‘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.
Whether non-operation of arbitration clause due to statutory amendments would negate the entire arbitration mechanism? Supreme Court explores
“The arbitration agreement must be interpreted in a purposive manner, but not literally so as to enable the parties to pursue the intended dispute redressal mechanism of contract”.
‘No exclusivity between Dreamfolks and its clients’: Delhi HC declines to pass restraining order against Encalm in airport lounge case
“Nothing has been placed on record by Dreamfolks to show that the said entities/ banks are its exclusive clients and that they have not entered similar agreements with other service providers like Dreamfolks.”
‘Condonation of delay under Bihar Public Works Contracts Disputes Arbitration Act governed by Limitation Act or Arbitration and Conciliation Act?’: Patna HC refers matter to larger bench
“As there is conflicting view upon the same by co-ordinate benches, in such circumstances this Court is of the view that the issue should be examined by a larger bench.”