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  • Article

    No Special Relaxation For Government And Its Enterprises In Furnishing Security To Challenge Arbitral Awards: Calcutta High Court

    The Calcutta High Court in a recent ruling in The Director General, National Library, Ministry of Culture, Government of India v. Expression 360 Services India Pvt. Ltd. [AP-COM/860/2024]...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Specific And Express Reference Needed To Incorporate Arbitration Clause From Prior Contract: Supreme Court Of India

    In NBCC (India) Limited v. Zillion Infraprojects Pvt. Ltd., the Supreme Court of India ruled that simply mentioning another contract in an agreement would not automatically lead to incorporation of the arbitration clause in the subsequent agreement.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Administrative Delay No Ground For Excusing Delay In Filing An Appeal Under Section 37(2)(B) Of The Arbitration Act: Delhi High Court

    The present article provides a summary of the judgment passed by the High Court of Delhi in the case of Union of India vs. Rishabh Constructions Pvt. Ltd.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Chhattisgarh High Court Reiterates That Additional Evidence In Section 34 Arbitration Challenges Can Only Be Introduced In Exceptional Circumstances

    The Chhattisgarh High Court in Hira Carbonics Private Limited v. Kunwar Virendra Singh Patel [2025:CGHS:2571], examined an important procedural question in arbitration law: whether additional documents can be introduced at the stage of a challenge under Section 34 of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Non-Compete Clause Not Enforceable At The Stage Of Granting Interim Reliefs Under S.9 Of Arbitration Act If Prima Facie The Aggrieved Party May Be Adequately Compensated By Damages

    The Delhi High Court, in a recent judgment in Las Ground Force Pvt. Ltd. v. Goldair Handling S.A [2024 DHC 9528] dealt with the enforcement of a non-compete clauses at the stage of granting interim reliefs within the framework of Section 9 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Time Runs Against DMRC: Delhi High Court Dismisses Challenge To Arbitral Award For Being Time-Barred

    In a recent decision in Delhi Metro Rail Corporation Ltd. v. HCC Samsung JV , the High Court of Delhi has reaffirmed the principle that parties cannot use a meritless application under Section 33 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") to extend the limitation period for filing a challenge under Section 34 of the Arbitration Act.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Writ Court Can Direct Public Authorities To Release Admitted Payments Under Work Orders

    In a recent decision, the Calcutta High Court in Amjad Hossain v. the State of West Bengal has reaffirmed an important constitutional principle: when an authority falling within the definition...
    IndiaGovernment, Public Sector
    Trinity Chambers
    Trinity Chambers
  • Article

    MSMED Act Will Prevail Over Arbitration Act In Disputes Involving MSMEs: Delhi High Court

    In a recent ruling, the Delhi High Court, in Idemia Syscom India Private Limited v. M/s Conjoinix Total Solutions Private Limited [2025:DHC:1205], dismissed a petition seeking the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 ("A&C Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Delhi High Court Reiterates That Court Interference In Challenge To An Arbitral Award Is Restricted To Perversity Or Patent Illegality

    The Delhi High Court delivered an important judgment in the case of Delhi Skills Mission Society (DSMS) vs. Samuel Foundation Charitable India Trust (SFCT).
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Failure To Enclose The Contested Arbitral Award With A Section 34 Petition Renders The Filing Void: Delhi High Court

    In a landmark ruling, the Full Bench of the Delhi High Court adjudicated upon conflicting views taken by different Division Benches on whether procedural defects, such as the absence of a Statement of Truth or non-filing of the arbitral award.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Limitation For Arbitrator's Appointment Begins From Failure To Act On Arbitration Notice: Andhra Pradesh High Court

    The Andhra Pradesh High Court, in Alliance Enterprises v. Andhra Pradesh State Fiber Net Limited (APSFL) [Arb. Appl. No. 48 of 2023], ruled in favour of appointing an independent arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("A&C Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
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  • Article

    Disputes Involving The Partnership Act And Partnership Deed Affecting Third-Party Rights Not Arbitrable: Madhya Pradesh High Court

    The Madhya Pradesh High Court in Gokul Bansal v. Vipin Goyal [Arbitration Case No. 44 of 2021] addressed an important question concerning the arbitrability of partnership disputes, particularly when they involve immovable property.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    No Limitation Bar For Perpetual Injunction Decrees; Each Violation A Fresh Cause Of Action: Supreme Court Of India

    In a recent ruling, the Supreme Court of India in Bhudev Mallick alias Bhudeb Mallick v. Ranajit Ghoshal [2025 INSC 175] examined the enforceability of decrees of permanent injunction...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Unilateral Appointment Of Sole Arbitrator: Kerala High Court Reaffirms Its Invalidity

    In the case of M.I. Mohammed v. HLL Life Care Ltd. [2025:KER:38884], the Kerala High Court was once again called upon to decide the implications of the unilateral appointment of the sole arbitrator by one of the parties to an arbitration agreement.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Balancing The Scales: Writ Jurisdiction And Arbitration In India

    In India, addressing the maintainability of writ petitions in matters amenable to arbitration poses a delicate legal challenge.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Section 13 Of Commercial Courts Act Does Not Confer An Independent Right Of Appeal Beyond The Self-Contained Provisions Of The Arbitration Act

    The judgment in Synergies Casting Ltd. v. National Research Development Corporation [2025 DHC 133 DB], rendered by the Delhi High Court, is an important ruling that addresses questions regarding the
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Challenge To Arbitral Tribunal's Jurisdiction Impermissible After Submission Of Defence: Supreme Court Of India

    In a recent decision in Vidyawati Construction Company v. Union of India , the Supreme Court of India addressed a dispute concerning the jurisdiction of a sole arbitrator appointed in deviation from the contractual arbitration clause.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Arbitration Agreement Remains Valid After Contract Termination; Writ Court Interference Only In Cases Of Arbitrary Termination: Bombay High Court

    In a recent judgment in EBIX Cash Pvt. Ltd. v. State of Maharashtra , the High Court of Bombay ("Bombay High Court") addressed the scope of writ jurisdiction in contractual disputes involving state enterprises.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    No Prescribed Format For Arbitral Awards; Substance Triumphs Over Form: Madras High Court

    In a recent decision in Gopal Krishan Rathi v. Dr. R. Palani , the Madras High Court reaffirmed a crucial principle in arbitration law: an arbitral award need not conform to a rigid format so long...
    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

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