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Home Tags Posts tagged with "Arbitration and Conciliation Act"

Tag: Arbitration and Conciliation Act

Clipping the clause

To what extent does party autonomy hold sway over contracts that involve exceptional or prohibited clauses?

Arbitration award interest stops on access date: Delhi HC

Delhi High Court says interest accrued on arbitration awards end when funds are accessible for claimant

SC clarifies jurisdictional issue in cross-border arbitration

The Supreme Court of India clarified jurisdiction issues for Indian courts in cross-border contracts and arbitration

Res judicata bars repeat arbitration requests

The Delhi High Court rules res judicata bars successive applications for arbitral reference if the identical request was previously rejected

Permissive clause ‘may’ not be binding

The Supreme Court held that a clause using permissive language like “may” does not form a binding arbitration agreement under section 7  

Confusion about who rules on corporate governance

By Ambar Bhushan and Aaryan Goyal, Bharucha & Partners

Delhi HC sets aside interim injunction in director removal dispute, highlights corporate governance limits under arbitration law

Mediation does not extend petition limitation

Delhi High Court ruled on limits to petitions under section 11(6) in Tirupati Constwell v Delhi States (2025)

Court reaffirms limited interference under act

Supreme Court limits interference in arbitral awards under section 34

Dispute management in India

By Arindam Sarkar, Anwesha Sinha, and Rangita Chowdhury, Fox & Mandal

含羞草社区 arbitration dilemma

Arbitration is favored for commercial disputes, but judicial review remains debated

Court addresses international nature of arbitration

Delhi High Court ruled on whether arbitration awards qualified as ICA, limiting judicial review compared to domestic arbitration

Supreme Court allows more time to pass arbitral award

The Supreme Court allows time extensions for arbitral awards past the mandate expiry with sufficient cause

Arbitration about-face?

Despite years of promoting India as an arbitration hub, the Ministry of Finance now urges government departments to reduce reliance on arbitration

Arbitrators’ rights to terminate proceedings curbed

The Supreme Court has delivered a significant judgment, in Dani Wooltex Corporation & Ors v Sheil Properties & Anr

No uncertainty in multiple seat arbitration provision

By Sneha Jaisingh and Vaishnavi Rao, Bharucha & Partners

Constitution upholds arbitration neutrality, party autonomy

Supreme Court invalidates arbitration clauses in Lombardi Engineering Ltd v Uttarakhand Jal Vidyut Nigam Ltd. Deposit requirement and government-appointed arbitrators ruled unconstitutional

Literal or liberal interpretation in extending arbitration

By Sudeshna Guha Roy and Ayush Chaturvedi, Bharucha and Partners

Arbitrator autonomy still demands proper decision-making

In Batliboi v Hindustan Petroleum, the Supreme Court affirmed the arbitrator's right to interpret contract terms reasonably, barring award annulment

Arbitrator still in place despite unilaterally adjusting fees

By Sneha Jaisingh and Zashank Mehta, Bharucha & Partners

Supreme Court’s stand on unstamped arbitration agreements

By Ila Kapoor and Surabhi Lal, Shardul Amarchand Mangaldas & Co

Resolving an unstamped non-disclosure agreement

In a recent judgment, the Bombay High Court dealt with the issue of stamp duty on non-disclosure agreements containing an arbitration clause

A regional comparison of arbitration landscapes: India

By Ila Kapoor, Shruti Sabharwal and Surabhi Lal, Shardul Amarchand Mangaldas & Co in New Delhi

FICL discusses domestic and international commercial arbitration

Issues on institutional domestic and international commercial arbitration were discussed at a Federation of Indian Corporate Lawyers (FICL) event on 17 March

Separate cotton contracts do not unravel dispute decision

The Bombay High Court recently heard a petition under section 34 of the Arbitration and Conciliation Act, 1996

Council overrides arbitration agreement under MSMED Act

The recourse of referring to facilitation council would be available to parties only in the event of there being no clause in the contract that states that the resolution of a dispute shall be done by way of arbitration

References not enough to compel arbitration

Where there is merely a possibility of the parties agreeing to arbitration in the future, in contrast to an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement

Court not obliged to remit matters to arbitral tribunals

In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award

Dispute resolution in India for Japanese companies

By Nishant Menon and Kavita Sarin, Kochhar & Co

Arbitration gets support in validity and fraud challenges

By Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners

Enforcing foreign awards involving only Indian parties

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Bias towards enforcement of foreign awards

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

When the appointment of a sole arbitrator is invalid

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Non-signatories of a group are bound to arbitrate

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Equal treatment of all parties to legislation

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Ineligibility of an arbitrator fatal, unless waived

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
Gerald-Manoharan-J-Sagar-Associates

Are tenancy-related disputes arbitrable?

By Gerald Manoharan and Vishnu Vinayak, J. Sagar Associates

Enforcing foreign awards should be an easier task

By Sanjay Asher and Bhumika Batra, Crawford Bayley & Co

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