AKP Dispute Resolution Digest February 03, 2026

We are delighted to share this month's AKP Dispute Resolution Monthly Digest. Please feel free to write to us with your feedback at [email protected].

1. Arbitration Law

1.1 Real Estate and Construction

1.1.1. Supreme Court Held Party Filing Statement of Claim First Is the "Claimant" Mere Absence of Notice Does Not Invalidate Proceedings

The Supreme Court has held that in arbitral proceedings, the "Claimant" is the party that files the Statement of Claim first in point of time, regardless of the nomenclature used in prior court proceedings or the absence of a formal notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 ("A&C Act"). This ruling was delivered in an appeal by M/s Bhagheeratha Engineering Ltd. against the State of Kerala, challenging a High Court judgment that set aside an arbitral award on the technical ground that the State could not be treated as a claimant as it had not issued a statutory notice