Supreme Court held arbitrator wrongly awarded interest contrary to contractual bar; set aside award and High Court judgment, allowing Union of India appeal and disallowing pendente lite and future interest.
Arbitration and Dispute Resolution
Strategic Representation Across Every Stage of Arbitration
At Foresight Law Offices, our Arbitration and Dispute Resolution practice offers focused legal representation to businesses, promoters, and institutions across domestic and international arbitration proceedings, combining procedural rigour with outcome-driven commercial strategy.
Services we offer
Arbitration Proceedings & Representation
- Full lifecycle representation in domestic and international arbitration
- Pleadings, evidence, cross-examination, and final arguments before tribunals
- Institutional arbitration under DIAC, MCIA, and ICC; ad hoc under UNCITRAL
Interim Relief & Protective Measures
- Applications for interim injunctions, asset preservation, and protective orders
- Emergency arbitration mechanisms for urgent, time-sensitive relief
- Pre-tribunal constitution protection in high-stakes commercial disputes
Award Enforcement & Challenge
- Enforcement of domestic and foreign awards under the Act and New York Convention
- Challenges under Section 34 on illegality, public policy, and procedural grounds
- Appellate proceedings under Section 37 against tribunal and court orders
Arbitration Agreements & Tribunal Constitution
- Drafting arbitration clauses and agreements covering seat, law, and institutional rules
- Appointment of arbitrators and resolution of tribunal constitution disputes
International & Cross-Border Arbitration
- Advisory on multi-jurisdictional disputes involving foreign parties
- Coordination with international counsel for unified cross-border strategy
- Cross-border award execution and parallel proceedings management
Specialised Sector Arbitration
- Representation in infrastructure, EPC, and construction arbitrations
- Claims involving delays, cost overruns, variation orders, and termination
- Proceedings before specialised panels in regulated sector contracts
Investment Treaty & Regulatory Arbitration
- Advisory on bilateral investment treaty protections and investor-state mechanisms
- Claims arising from expropriation, regulatory action, and fair treatment breaches
- Strategic counsel to businesses on treaty rights and cross-border regulatory risk
Market Entry & Cross-Border Transactions
- Market entry and business expansion in India
- Entity structuring, regulatory approvals, and distribution frameworks
- Intellectual property protection and regulatory alignment
- Cross-border transactions and coordination with international counsel
Key Deals & Landmark Matters
Union of India v. Manraj Enterprises
OM Logistics Limited v. Orientcraft Limited
OM Logistics filed Section 11(6) petition before Delhi High Court seeking appointment of sole arbitrator for disputes under agreements; respondent failed to participate despite service of notice.
SGS India Pvt. Ltd. v. Bureau of Indian Standards
SGS India filed Section 9 petition against BIS; after arbitrator appointment and failed mediation, petitioner withdrew petition to pursue remedies before arbitrator; Court dismissed petition as withdrawn.
Mayur Khah v. Shubh Mathur
Mayur Khah filed Section 11 petition before Delhi High Court seeking arbitrator appointment in ₹1.24 crore dispute; Court directed DIAC appointment, keeping all rights and objections open.
Handicraft and Handlooms Exports Corporation of India v. SMC Comtrade Limited
Court heard connected arbitration appeals on order directing HHEC to secure ₹5 crore; HHEC opposed, SMC sought enhancement; matters decided together arising from same arbitral order.
M/s Proactive In & Out Advertising Pvt. Ltd. v. Airport Authority of India & Anr.
Proactive Advertising filed Section 9 petition challenging termination of advertising contract and encashment of bank guarantee by AAI, seeking interim protection pending arbitration on contractual and force majeure disputes.
Ashwin Venkatraman v. Rachit Raj
Ashwin Venkatraman filed Section 9 petition seeking interim relief in arbitration dispute; due to repeated non appearance and lack of prosecution, petition was dismissed by Saket Court in May 2023.
M/s Atul Cryogenic Gases v. M/s Aryaveer Motors Private Limited
Atul Cryogenic Gases filed RFA Commercial appeal before Delhi High Court challenging orders in commercial dispute; matter pending with repeated adjournments, next hearing scheduled in April 2026.
Nidan v. Vardhman Family Group
Nidan filed arbitration case before Patna Sadar District Court concerning disputes with Vardhman Family Group; matter is pending at admission stage.
M/s ARS Greenview Farms Pvt. Ltd. v. Magic Ruby Investment Services LLP & Ors.
ARS Greenview Farms filed arbitration petition before Delhi High Court; Court referred parties to mediation at Delhi High Court Mediation Centre, listing matter for further hearing if settlement fails.
M/s J. Duncan Healthcare Pvt. Ltd. vs Central Medical Services Society
The Supreme Court dismissed a Special Leave Petition under Article 136, thereby affirming the judgment of the Delhi High Court in an intra court appeal. The ruling strengthened J. Duncan Healthcare’s position in ongoing arbitration proceedings involving claims exceeding one hundred crore rupees arising from disputes with the Central Medical Services Society.
M/s Proactive In and Out Advertising Pvt. Ltd. v. Pepsu Road Transport Corporation
Proactive In and Out Advertising filed proceedings before the Punjab and Haryana High Court seeking appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act. The request arose after the respondent declined to concur in the appointment process despite the existence of a valid arbitration clause.
Birla Century Vs Orient Craft Ltd
Birla Century filed an arbitration petition before the Punjab and Haryana High Court in relation to a commercial dispute arising from alleged breaches of contractual obligations by Orient Craft Limited. The proceedings concerned enforcement of arbitration rights and resolution of claims arising from the underlying commercial transaction.
Super Plastronics Pvt. Ltd. Vs Infotel Business Solution Ltd.
Super Plastronics initiated a commercial suit seeking specific performance of a purchase order for supply of television units and recovery of dues. The Court examined the question of territorial jurisdiction and concluded that no part of the cause of action arose in Delhi, resulting in the return of the plaint.
TUV SUD South Asia Pvt. Ltd. vs. Bureau of Indian Standards
TUV SUD South Asia filed proceedings before the District and Sessions Court in Delhi seeking protection against termination of a contract by the Bureau of Indian Standards. The petition sought to restrain BIS from invoking an unconditional performance bank guarantee and challenged the legality of the termination action taken under the contractual arrangement.
Events
Media Coverage
Imagine a corporate debtor undergoing the Corporate Insolvency Resolution Process. Every rupee lying in its bank accounts becomes critical to […]
The Insolvency and Bankruptcy Code Amendment Bill (“IBC Amendment Bill, 2025”) was tabled in the Lok Sabha on August 12, […]
In India, the insolvency law is governed by the Insolvency and Bankruptcy Code, 2016. Insolvency of a company comprises of […]