Top Arbitration Law Judgments – May 2025 | LegalWiki

Key Supreme Court and High Court Rulings in Arbitration Law

In May 2025, the Supreme Court and various High Courts across India delivered important judgments shaping the landscape of Arbitration law. These decisions addressed various issues.

Delhi High Court Sends Ola Electric - Bharat Cell Trademark Dispute to Mediation

The Delhi High Court has referred a trademark dispute between Kushmanda Power Limited (KPL) and Ola Electric to mediation under Section 12A of the Commercial Courts Act, 2015. Read more

Mere Use of Terms Like “Arbitration” or “Arbitrator” Does Not Constitute a Binding Arbitration Agreement 

The Calcutta High Court held that mere use of terms like “arbitration” or “arbitrator” in a contract does not constitute a binding arbitration agreement under Section 7 of the Arbitration Act. Read more 

Delhi High Court: Signed Arbitral Award Sent by Email is Valid

The Delhi High Court has held that a signed arbitral award sent by email is valid under Section 34 of the Arbitration and Conciliation Act, 1996. This means the time limit to challenge the award in Court commences from the date the email is received. Read more

Supreme Court: Arbitration Mandatory for Inter-Bank Disputes Under SARFAESI Act 

The Supreme Court has ruled that disputes between banks and financial institutions over secured assets must be resolved through mandatory arbitration under Section 11 of the SARFAESI Act. The court held that debt recovery tribunals (DRTs) lack jurisdiction in such cases. The court emphasized that no written arbitration agreement is needed, as Section 11 creates a statutory fiction of consent. Read more

Arbitral Awards Can’t Be Set Aside Solely for Jurisdictional Ground if No Timely Objection Was Raised: Supreme Court

The Supreme Court held that arbitral awards under the Arbitration and Conciliation Act, 1996, cannot be annulled solely on jurisdictional grounds if such objections were not raised during the arbitration proceedings. Read more

Supreme Court Raises Concern Over Misleading Arbitration Clauses in Contracts

The Supreme Court has strongly criticized the misuse of arbitration clauses in commercial contracts, urging courts to reject vague or misleading clauses at the outset. Read more

Delhi HC Refer the Dispute Involving the Emergency Author, Netflix, and Manikarnika Films for Mediation

Case Name: Coomi Kapoor v. Netflix Entertainment Services India LLP & Anr.

The Delhi High Court, with consent from all parties, referred the dispute between Coomi Kapoor, Netflix, and Manikarnika Films to mediation, scheduling sessions on May 9 and May 20. Read more 

Supreme Court Urges Law Ministry to Fix Gaps in Arbitration Bill 2024

The Supreme Court has raised concerns over the Arbitration and Conciliation (Amendment) Bill, 2024, for not addressing whether arbitral tribunals can implead non-signatories, a legal gap that has continued since the 1996 Act. Read more

Telangana HC: Self-Induced Frustration Is Breach of Contract; Promisor Must Disclose Inability to Perform 

The Telangana High Court upheld a ₹5 crore arbitral award in favor of M/s Elecon EPC Projects Ltd, in a dispute with NCC Power Project Ltd over a coal handling plant contract. Read more

Supreme Court Constitution Bench Clarifies: Courts Can Modify Arbitral Awards Only in Limited Cases 

In a landmark 5-judge Constitution Bench, the Supreme Court held that courts can modify arbitral awards under Sections 34 and 37 of the Arbitration Act. Modifications are allowed only in limited circumstances, where awards are severable, to correct clerical/typographical errors, or modify post-award interest, and when invoking the Court's powers under Article 142 of the Constitution. Read more 

Reliance Industries Moves Supreme Court Against HC Order Scrapping $1.7 Billion Arbitration Award

Reliance Industries Ltd (RIL), along with partners BP Exploration (Alpha) and Niko Resources, has moved the Supreme Court challenging the Delhi High Court’s decision to set aside a 2018 international arbitration award. Read more 

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