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  • Article

    Registered Sale Deeds Between Partners Can Be Held Void In Arbitration Where The Evidence Shows No Consideration And No Real Transfer Of Title: Kerala High Court

    The arbitral award had dissolved a partnership firm that ran a hotel and bar known as 'Hotel Alakananda' at Kollam, declared the partnership deed and two registered sale deeds void for want of consideration, and settled accounts between the partners.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Order Rejecting A Section 16 Plea Cannot Be Immediately Challenged Under Section 34: Supreme Court

    In MCM Worldwide Private Limited v. Construction Industry Development Council [2026 INSC 425], the Supreme Court clarified whether an order passed by an arbitral tribunal rejecting a jurisdictional objection under Section 16 of the Arbitration and Conciliation Act, 1996 can be immediately challenged under Section 34 of the Act.
    IndiaReal Estate and Construction
    Trinity Chambers
    Trinity Chambers
  • Article

    Where Parties Choose The Seat Before The First Application Is Filed, Section 42 Cannot Confer Jurisdiction On Another Court: Calcutta High Court

    In Kessels Engineering Works Pvt. Ltd. v. Neo Metaliks Limited [AP-COM/245/2024 with EC/143/2021, decided on 19 December 2025], the Calcutta High Court decided an important question regarding the interplay between Section 42 of the Arbitration and Conciliation Act, 1996 and the concept of the seat of arbitration as crystallised by party autonomy.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Reliance On CA Certificates In Arbitration Not Per Se Erroneous, Rules Delhi High Court

    Is it erroneous for an arbitral tribunal to rely on a Chartered Accountant ("CA") certificate as proof of actual costs incurred?
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Foreign Award Enforcement: Section 48 Of The Arbitration Act Cannot Be Used To Re-Litigate Issues Decided At The Seat; Supreme Court Invokes Transnational Issue Estoppel

    In Nagaraj V. Mylandla vs. PI Opportunities Fund-I [2026 INSC 298], the Supreme Court considered a recurring problem in foreign award enforcement: whether an award debtor, after unsuccessfully challenging an award before the court at the seat, can resist enforcement in India by re-framing the same objections as questions of Indian public policy.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    General Reference To Tender Documents In A Letter Of Intent Does Not Incorporate An Arbitration Clause: Supreme Court

    In Maharashtra State Electricity Distribution Company Limited & Ors. v. R Z Malpani [2026 INSC 342], the Supreme Court examined whether a Letter of Intent issued pursuant to a tender process created a concluded contract and incorporated the arbitration clause contained in the tender documents.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Arbitral Tribunal's Findings Based On Plausible Contractual Interpretation Should Stand Unless Tainted By Patent Illegality Or Jurisdictional Error: Calcutta High Court

    The Calcutta High Court, in Kolkata Metropolitan Development Authority v. South City Projects (Kolkata) [APO 205 of 2023], upheld an arbitral award in favour of the respondent consortium, dismissing the appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 ("A&C Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Fresh Section 11 Application On The Same Cause Of Action Not Maintainable After Abandonment Of Earlier Arbitration: Supreme Court

    In Rajiv Gaddh v. Subodh Parkash [2026 INSC 302], the Supreme Court considered whether a party that had abandoned earlier arbitral proceedings could later file a fresh application under Section 11 of the Arbitration and Conciliation Act, 1996 on the same cause of action.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    A Party, Upon Suffering An Award, Cannot Reopen Issues Pertaining To A Section 11 Reference Made Under The Pre-2015 Regime: Supreme Court

    In Eminent Colonizers Pvt. Ltd. vs. Rajasthan Housing Board [2026 INSC 116], the Supreme Court examined whether a party can, after participating in arbitration and suffering an award, reopen the reference by contending at the Section 34-stage that the contractual dispute resolution clause was not an arbitration agreement at all.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Cryptocurrencies Constitute 'Property' Under Indian Law: Madras High Court

    In recent years, cryptocurrency has experienced phenomenal growth worldwide, and disputes related to virtual assets are increasingly reaching courts and arbitral tribunals...
    IndiaTechnology
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Holds Receipt Of Signed Arbitral Award By Counsel Triggers Limitation Under Section 34

    In Union of India v. M/s ISC-YUG (JV)1, the Delhi High Court considered whether petitions challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") were within limitation when the signed award had been collected by the petitioner's counsel, but was allegedly not delivered directly to the petitioner.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Allahabad High Court Holds Administrative Delay Cannot Justify A Belated Section 34 Challenge

    In Union of India, Ministry of Railways v. Gallant Ispat Limited1, the Allahabad High Court, Lucknow Bench, considered whether a delay of 28 days in filing a challenge to an arbitral award could be condoned merely because the challenge was filed within the additional thirty-day period permitted by the proviso to Section 34(3) of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act"). The Court held that the additional period is available only where the applicant establishes sufficient cause.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Bombay High Court Holds Contractual Confidentiality Cannot Override Court-Ordered Disclosure In Arbitration

    In Oil Field Instrumentation India Pvt. Ltd. v. Xcalibur Multiphysics Group S.L. & Ors.1, the Bombay High Court considered a challenge under Section 37 of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") to an order refusing interim relief under Section 17. The dispute concerned an exclusive joint venture arrangement for conducting airborne geophysical surveys across a defined territory and a contract independently undertaken in Bhutan by an affiliate of one of the joint venture partners.
    IndiaCorporate/Commercial Law
    Trinity Chambers
    Trinity Chambers
  • Article

    Supreme Court Holds Non-Signatory Shareholder A 'Veritable Party' Where Share Transfer Was Integral To Composite Transaction

    In KKH Finvest Pvt. Ltd. & Anr. v. Ashiesh Shukla & Ors., the Supreme Court considered whether a shareholder who had not signed a Memorandum of Settlement containing an arbitration agreement could nevertheless be treated as a "veritable party" to that agreement and be referred to arbitration. The Court held that the absence of a signature was not determinative where the surrounding contractual framework and the non-signatory's performance demonstrated an intention to participate in, and be bound by, the composite transaction.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Debarment Orders Exercising Independent Administrative Powers Are Not Arbitrable: Delhi High Court

    In NCC Limited v. Airport Authority of India1, the Delhi High Court considered whether a contractor could invoke Section 9 of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") to seek a stay of an order debarring it from participating in future tenders issued by a statutory authority.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Supreme Court Lays Down Guidelines For Speedy Trial And Compounding In Cheque Bounce Cases: An Analysis Of Sanjabij Tari v. Kishore S. Borcar

    In a recent case titled Sanjabij Tari vs. Kishore S. Borcar , the Supreme Court has taken a landmark step toward modernising and reforming the procedure and delivery of justice in cheque bounce cases.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Supreme Court Refers Validity Of Pre-Deposit Conditions For Invoking Arbitration For Larger Bench Consideration

    In a recent decision in Santosh Associate Private Limited vs. Haryana State Industrial and Infrastructure Development Corporation Ltd. [2026 INSC 872], the Supreme Court of India ("Supreme Court"), while examining a contractual stipulation requiring a contractor to furnish a security deposit before reference of disputes to arbitration, expressed serious reservations regarding onerous pre-deposit conditions that may deter access to arbitration.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Upholds Arbitral Confidentiality Under Section 42A Of The Arbitration Act

    In JPC Infrastructure and Constructions Private Limited v. Alstom Transport India Limited1, the Delhi High Court considered whether an arbitral tribunal had committed patent illegality by refusing to rely upon a document originating from a separate arbitration.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Calcutta High Court Upholds Maintainability Of Commercial Suit On Grounds Of Urgency Of The Reliefs

    The Calcutta High Court, in Kolkata Metropolitan Development Authority v. South City Projects (Kolkata) [APO 205 of 2023], upheld an arbitral award in favour of the respondent consortium, dismissing the appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 ("A&C Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Permits Post-Expiry Extension Of Arbitral Tribunal's Mandate Under Arbitration Act

    In a recent decision in Power Mech Projects Ltd. v. Doosan Power Systems India Pvt. Ltd. , the High Court of Delhi reiterated the legal position that a Court acting under Sections 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers

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