DISPUTE DIGEST
Res judicata bars repeat arbitration requests
The Delhi High Court rules res judicata bars successive applications for arbitral reference if the identical request was previously rejected
Counterclaim against co-defendant barred
India SC rules a counterclaim under CPC must target the plaintiff, not solely a co-defendant
Post-bid financial change disallowed
The Supreme Court quashed a Calcutta High Court ruling that allowed post-bid financial rectification in an e-tender
SC sets aside JV bid disqualification
SC rules bidders cannot be disqualified for non-submission of a JVA unless expressly mandated by clear tender terms
Interim trademark protection extended to Barbie
The Delhi High Court granted interim protection to Mattel’s “Barbie” trademark, blocking use by a local business attempting to register a similar name
Singer’s personality rights upheld in AI age
The Bombay High Court upheld veteran singer Asha Bhosle’s personality rights against unauthorised AI-generated voice and likeness replication
Madras HC comes to aid of Indian crypto investors
The Madras High Court ruled that cryptocurrency is a property under Indian law and not a currency, granting relief to an investor in a case against WazirX operator Zanmai Labs
Classification of Ambani account as ‘fraud’ upheld
The Bombay High Court upheld SBI’s move to label Anil Ambani’s Reliance Communications loan as “fraud”, rejecting his plea of non-involvement in company affairs
Court clarifies IBC priority is revival
Supreme Court recalled liquidation order in Kalyani Transco v Bhushan Power & Steel, reaffirming IBC’s rescue objective
Interest on penalty follows specifics of order
Supreme Court held interest on SEBI penalties runs from adjudication order expiry
Permissive clause ‘may’ not be binding
The Supreme Court held that a clause using permissive language like “may” does not form a binding arbitration agreement under section 7
Rules establish Hyatt’s permanence in India
The Supreme Court ruled that Hyatt had a taxable permanent establishment in India through strategic and operational control
Using redevelopment to evict occupants banned
Bombay High Court rules redevelopment cannot replace eviction, protecting occupant’s rights to transit rent and redeveloped premises
Exclusive jurisdiction clause prevails over arbitrator’s choice
Delhi High Court ruled that an exclusive jurisdiction clause overrides an arbitrator’s procedural order changing the seat without mutual consent
Criminal proceedings do not render disputes non-arbitrable
Delhi High Court upheld arbitral autonomy, ruling fraud or PMLA proceedings do not automatically halt arbitration
Supreme Court clarifies CERC powers
Supreme Court clarifies CERC powers under sections 79 and 178 of the Electricity Act in Power Grid v MPPTCL case
Mediation does not extend petition limitation
Delhi High Court ruled on limits to petitions under section 11(6) in Tirupati Constwell v Delhi States (2025)
Finality v fairness: Landmark ruling on awards modification
Supreme Court clarifies when courts can modify arbitral awards under limited conditions
