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  • Article

    CPC Provisions Do Not Strictly Apply To Arbitration, And Writ Jurisdiction Cannot Be Invoked Ordinarily To Challenge Interim Arbitral Orders: Jharkhand High Court

    The Jharkhand High Court, in Rites Ltd. & Damodar Valley Corporation v. M/s Supreme BKB DECO JV, addressed an important issue concerning the permissible limits of judicial intervention...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Reaffirms That Writ Petitions Cannot Be Used To Challenge Arbitral Awards Under MSMED Act

    The Delhi High Court in Mahanagar Telephone Nigam Ltd. v. Micro and Small Enterprise Facilitation Council [2025:DHC:102] examined the maintainability of a writ petition under Article 226 of the Constitution against an arbitral award rendered under the Micro, Small and Medium Enterprises Development Act, 2006.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Reiterates That Timelines For Putting Up A Challenge Under Section 34 Of The Arbitration Act Are Sacrosanct

    The Delhi High Court in M/s Indure Pvt. Ltd. v. Aneja Construction (India) Ltd. [2024:DHC:9861] reaffirmed the principle that statutory timelines for challenging arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act") are sacrosanct.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Sets Aside Arbitral Award For Lack Of Signatures From All Arbitrators Constituting The Arbitral Tribunal

    In a recent decision, in M/s ISC Projects Private Limited v. Steel Authority of India Limited , the Delhi High Court set aside an arbitral award on the ground that it was signed by only two out of three arbitrators, with no explanation for the missing signature of the third arbitrator.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Sets Aside Arbitral Award Over Lack Of Proper Disclosure And Procedural Violations By Arbitrator

    In FLFL Travel Retail Lucknow Private Limited v. Airports Authority of India, the Delhi High Court addressed significant procedural lapses in the arbitration process...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Kerala High Court Rules That Contractually Imposed Time Limits For Invoking Arbitration In Deviation Of The Limitation Act Are Void

    The Kerala High Court in Bhageeratha Engineering Ltd. v. State of Kerala [2025:Ker:337] examined the validity of contractual time limits that restrict a party's right to invoke arbitration.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Period Of Limitation For Filing A Petition Under Section 11(6) Of The Arbitration Act Is 3 Years: Delhi High Court

    In a recent decision in M/s Space 4 Business Solution Pvt. Ltd. v. The Divisional Commissioner, Revenue Department, GNCTD and Ors.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Transferee Pendente Lite Bound By Decree And Cannot Appeal After Denial Of Impleadment: Supreme Court Of India

    In a recent judgment in H. Anjanappa v. A. Prabhakar , the Supreme Court of India dealt with the applicability of the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Supreme Court Upholds The Entitlement To Post-Award Interest Under Section 31(7)(b) Of The Arbitration Act

    In the recent judgment of R.P. Garg v. The Chief General Manager, Telecom Department the Supreme Court of India addressed the issue of whether a party is entitled to post-award interest...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    No Extension In Limitation For Court Vacations When Arbitral Award Is Challenged After Three Months: Supreme Court

    In a recent decision in State of West Bengal v. Rajpath Contractors & Engineers Ltd., the Supreme Court of India has held that the three-month limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996 ...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Imposes Penalty For Delay Tactics And Baseless Allegations In Arbitral Proceedings

    In the case of Dalmia Family Office Trust v. Getamber Anand, the Delhi High Court dealt with a significant issue concerning delay tactics and the misuse of procedural...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Upholds Arbitral Award, Reinforces Narrow Scope Of Judicial Review Under Sections 34 And 37

    In a recent decision, the Delhi High Court, in Indian Railways Catering and Tourism Corporation Ltd. (IRCTC) v. Brandavan Food Products Ltd....
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Dispute Resolution Or Procedural Labyrinth? Revisiting The NHAI Conciliation Mechanism

    The National Highways Authority of India ("NHAI"), as the central agency leading the development of road infrastructure in India, has a history of numerous disputes resulting from complex concession and engineering contracts.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    No Retrospective Challenges To Unilateral Appointments After Active Participation In Arbitral Proceedings: Delhi High Court

    In a recent decision in Bhadra International India Pvt. Ltd. v. Airports Authority of India, the Delhi High Court held that a party cannot belatedly challenge an arbitral award on the ground of unilateral appointment...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Supreme Court Reiterates The Law On Limited Scope Of Judicial Intervention In Arbitration Proceedings

    In Punjab State Civil Supplies Corporation Ltd. v. Sanman Rice Mills , the Hon'ble Supreme Court of India reaffirmed the principle of minimal judicial interference in arbitral proceedings...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Section 2(1)(f) Of The Arbitration Act Is Non-Derogable, And Its Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

    In a significant ruling in Suresh Shah v. Tata Consultancy Services Ltd., the Delhi High Court examined the nature and scope of the provisions contained in Section 2(1)(f) of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    A Fresh Section 11 Petition Is Not Maintainable After Termination Of Arbitral Proceedings For Non-Payment Of Fees: Supreme Court Of India

    In a significant decision on the architecture of the Arbitration and Conciliation Act, 1996 ("the Act"), the Supreme Court has examined the legal consequences of termination of arbitral proceedings on account of non-payment of arbitral fees and the remedies available to an aggrieved party.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    A Non-Signatory Cannot Invoke Arbitration Without Prima Facie Establishing It Is A Veritable Party: Supreme Court Of India

    In Hindustan Petroleum Corporation Ltd. v. BCL Secure Premises Pvt. Ltd., the Supreme Court has reiterated the limits of a referral Court's jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), particularly when a non-signatory seeks to invoke an arbitration agreement.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Once A Court Rejects Reference To Arbitration Under Section 8, A Subsequent Section 11 Petition Is Barred By Res Judicata: Delhi High Court

    In a recent decision, the Delhi High Court has reaffirmed that once a competent civil Court has declined a reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Once The Arbitral Mandate Expires Under Section 29A Of The Arbitration Act, Courts Must Order Substitution: Supreme Court Of India

    In a recent decision, the Supreme Court has clarified the consequences that follow once the statutory time limit for making an arbitral award expires under Section 29A of the Arbitration and Conciliation Act, 1996 ("the Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers

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