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ARTICLE · 01 JULY 2026

HSA | Dispute Resolution & Arbitration Monthly Update | June 2026

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The Supreme Court of India and High Courts deliver significant rulings on arbitration, criminal procedure, land acquisition, and GST matters. Key decisions address incorporation of arbitration clauses by reference, mandatory pre-cognizance hearings under BNSS, execution of specific performance decrees, limitation periods for challenging arbitral awards, and GST applicability on leasehold rights assignments.

IndiaLitigation, Mediation & Arbitration
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DISPUTE RESOLUTION AND ARBITRATION UPDATE

The Supreme Court of India Hirani Developers Vs. Nehru Nagar Samruddhi CHS Ltd. & Ors. 2026 INSC 484

Background facts

  • Appellant entered into a Development Agreement dated 20.12.2011 with Respondent No. 1 for the redevelopment of a housing project. Clause 36 of the Development Agreement contained an arbitration clause providing that disputes between the parties would be resolved through arbitration under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”).
  • Subsequently, Respondent No. 1 executed separate Permanent Alternate Accommodation Agreements (“PAAA”) with the other Respondents being the individual members of the Society.
  • Clause 14 of each PAAA expressly provided: “It is clarified that all the terms and conditions of the Development Agreement dated 04/07/2012 shall be construed to form a part of these presents and all the clauses of the same shall be binding on the parties hereto.”

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