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  • Article

    High Court, While Substituting An Arbitrator Under Section 15(2), Cannot Declare Prior Arbitral Proceedings A Nullity: Supreme Court Of India

    The Apex Court held that Section 15(2) of the Act vests a limited power with respect to substitution. It cannot be used to set aside the arbitral tribunal's orders, or to wipe out steps already taken in the arbitration.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    A Party's Insistence On Complying With Pre-Arbitral Steps Would Be Meaningless If It Fails To Respond To The Counter-Party's Notice Invoking Arbitration: Delhi High Court

    In a recent decision in Akhil Gupta v. Hindustan Unilever Ltd. , the Delhi High Court, while deciding upon a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act")...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Enforcement Of Domestic Award In International Commercial Arbitration Lies Before The High Court And Not The District Commercial Court: Allahabad High Court

    In Shri Colonizers and Developers Pvt. Ltd. v. Abha Gupta [Special Appeal No. 394 of 2025, decided on 16.12.2025], the Division Bench of the Allahabad High Court held that an application under Section 36 of the Arbitration and Conciliation Act, 1996 for enforcement of a domestic award rendered in an international commercial arbitration.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Seat Of Arbitration Determines Supervisory Jurisdiction, Not The Venue Where Hearings Are Conducted: Supreme Court

    In J&K Economic Reconstruction Agency v. Rash Builders India Private Limited [2026 INSC 368], the Supreme Court revisited the distinction between the seat and venue of arbitration, and the jurisdictional consequences that follow from that distinction.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Arbitral Award Rendered By Unilaterally Appointed Sole Arbitrator Can Be Put To Challenge Even By The Appointing Party: Delhi High Court

    The genesis of the disputes was a contract between the petitioner and the Madhya Pradesh Rural Road Development Authority for construction of roads.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Registered Post Retired: What Happens To Your Legal Notices Now?

    On 2 July 2025, the Department of Posts ("DoP") issued a directive titled "Merger of Registered Post with Speed Post".
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Corporate Accountability And Director Liability: Decoding Vicarious Liability In Indian Law

    In the interplay of corporate governance and law, the principle of vicarious liability is an often discussed and contentious subject.
    IndiaCorporate/Commercial Law
    Trinity Chambers
    Trinity Chambers
  • Article

    Decision Of Arbitrator To Not Implead A Party To Arbitral Proceedings Is Not An "Interim Award" Under The Arbitration Act: Delhi High Court

    In a recent decision in National Highways Authority of India v. IRB Ahmedabad Vadodara Super Express Tollways Pvt. Ltd
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Application To Extend Mandate Under Section 29A Of The Arbitration Act Is Maintainable Even After An Award Is Rendered Post-Expiry Of Time Limits: Supreme Court Of India

    In C. Velusamy vs K. Indhera [2026 INSC 112], the Supreme Court addressed a practical issue increasingly encountered by Courts and practitioners regarding proceedings initiated under Section 29A of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"/ "the Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Decoding Venue, Seat, And Jurisdiction In Arbitration: Supreme Court's Landmark Ruling In Arif Azim Co. Ltd. Vs. Micromax Informatics FZE

    Arbitration, as a mechanism for resolving commercial disputes, has gained prominence for its flexibility, efficiency, and global recognition.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Disputes Cannot Be Referred To Arbitration Where The Arbitration Agreement Itself Is Seriously Disputed As Forged Or Fabricated: Supreme Court Of India

    The Supreme Court held that arbitration is premised on consent, and where the existence of the arbitration agreement itself is under serious challenge supported by substantial material, a reference to arbitration is legally impermissible at that stage.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Enforcement Of Foreign Awards Unaffected By Belated Objections Raised On The Arbitral Tribunal's Composition: Delhi High Court

    In a recent decision in Mercator Ltd. v. Dredging Corporation of India Ltd.1, the High Court of Delhi ("High Court") held that held that objections to the enforcement of arbitral awards...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Intra-Departmental Analysis And Discussions: Not A Sufficient Cause For Delay In Filing Appeal Under Section 37 Of Arbitration Act, Rules Delhi High Court

    In a recent decision in Telecommunication Consultants India Ltd. (TCIL) v. NGBPS Ltd. , the High Court of Delhi held that a generic and vague explanation...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Use Of The Word "Can" In A Dispute Resolution Clause Does Not Create A Binding Arbitration Agreement: Supreme Court

    In Nagreeka Indcon Products Pvt. Ltd. v. Cargocare Logistics (India) Pvt. Ltd. [2026 INSC 384], the Supreme Court considered whether a dispute resolution clause stating that disputes "can be settled by arbitration" constituted a binding arbitration agreement under the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Inordinate Delay In Passing Arbitral Award Is A Valid Ground For Setting Aside, Rules Madras High Court

    In a recent decision in Unique Builders v. Union of India , the High Court of Madras delivered an important judgment delving into the impact of inordinate delay in rendering an arbitral award.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Courts Cannot Reassess Merits Or Re-Interpret The Contract Under Sections 34 And 37 Of The Arbitration Act: Supreme Court Of India Reiterates

    In Jan De Nul Dredging India Pvt. Ltd. vs Tuticorin Port Trust [2026 INSC 34], the Supreme Court reasserted the minimal-intervention design of the Arbitration and Conciliation Act, 1996 by setting aside a judgment rendered under Section 37 of the Act, which had interfered with an arbitral award on merits.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Supreme Court Draws The Line On Presence Of Non-Parties In Arbitration To Uphold Confidentiality

    The Hon'ble Supreme Court in Kamal Gupta v. M/s L.R. Builders Pvt. Ltd. has held that a non-signatory to an arbitration agreement cannot be permitted...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    One-Sided Forfeiture Clauses In Apartment Buyer Agreements Unfair Trade Practice, Rules Supreme Court

    In an important ruling in Godrej Projects Development Ltd. v. Anil Karlekar [2025 INSC 143] the Supreme Court examined the enforceability of forfeiture clauses in real estate agreements
    IndiaReal Estate and Construction
    Trinity Chambers
    Trinity Chambers
  • Article

    Article 227 Challenge Against Rejection Of Section 16 Objection Must Be Restricted To Patent Lack Of Inherent Jurisdiction: Supreme Court

    In a recent decision in Manash Kamal Bezboruah vs. Bokahola Tea Company Private Limited [2026 INSC 701], the Supreme Court of India ("Supreme Court"), reiterated that the supervisory jurisdiction of High Courts under Article 227 of the Constitution of India, though not ousted by the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), must be exercised with extreme circumspection against orders passed by an arbitral tribunal under Section 16 of the Arbitration Act. The Supreme Court held that where an arbitral tribunal rejects a jurisdictional objection, interlocutory interference under Article 227 is warranted only in the exceptional situation of a patent lack of inherent jurisdiction, and the ordinary remedy lies under Section 34 after the final award.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Powers Under Section 12(3) Of The Specific Relief Act Are Discretionary And May Be Exercised Only When The Terms Of The Contract Permit Segregation Of The Rights And Interests Of Parties In The Subject Matter Property

    In a recent decision, in Vijay Prabhu v. S. T. Lajapathie [2025 INSC 52], the Supreme Court of India extensively examined the applicability of Section 12(3) of the Specific Relief Act, 1963
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers

Showing 81–100 of 143 results

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