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Case Studies
“Unified Arbitration for Interlinked Contracts: Gujarat High Court Reinforces Consolidated Reference Under Section 11 in the Adani–SMS Carbon Dispute”
Introduction The question of whether multiple agreements forming part of the same commercial transaction can be referred to a single arbitration continues to arise frequently in complex commercial arrangements. The Gujarat High Court, in its CAV judgment dated 13 September 2024 in Adani Enterprise Ltd v. M/s SMS Carbon & Minerals Pvt. Ltd. (C/ARBI.P/76/2023), delivered a detailed exposition on this issue, reaffirming the principle that arbitration must be interpreted in a co
The Calculation of Post-Award Interest in Arbitration - A Case Study on the Exclusion of Pendente Lite Sums
Background and Prior Proceedings The case centered on the execution of an Arbitral Award dated September 26, 2000, which had undergone a complex series of judicial modifications 3 . Initially, the Award directed the Judgment Debtor (BSNL) to pay the Decree Holder (BWL Limited) a sum of Rs. 6,07,56,342/-, inclusive of interest at 18.5% per annum compounded quarterly. The Award was subsequently set aside by a Single Judge of the Calcutta High Court under Section 34 of the Act.
Arbitrator as the Master of Evidence: Delhi High Court Reaffirms Minimal Judicial Intervention in NBCC v. Sharma Enterprises
Delhi High Court Emphasizes Arbitrator's Role: Minimal Judicial Intervention Affirmed in NBCC v. Sharma Enterprises Dispute. Introduction The Delhi High Court's decision in NBCC v. Sharma Enterprises (judgment dated 19 November 2025) stands as another strong affirmation of India’s arbitration-friendly judicial stance and the principle that the arbitral tribunal is the primary fact-finding authority. The judgment, delivered by Justice Jasmeet Singh in a combined adjudication
Arbitrator’s Contractual Overreach: Supreme Court Reaffirms Limits of Arbitral Discretion under Section 28(3) in IRCTC v. Brandavan Food Products
Supreme Court Decision Highlights Limits on Arbitrators: Section 28(3) Clarified in IRCTC v. Brandavan Food Products Case. Introduction In Indian Railways Catering & Tourism Corporation Ltd. v. M/s Brandavan Food Products & Ors. (2025 INSC 1294), the Supreme Court of India delivered a significant ruling reinforcing the sanctity of contractual terms and the boundaries of arbitral interpretation under the Arbitration and Conciliation Act, 1996 . The decision, authored by Jus
Emergency Arbitration Orders Under DIAC Rules 2023: Delhi High Court Clarifies 90-Day Validity Limit
Delhi High Court Defines 90-Day Validity for Emergency Arbitration Orders Under DIAC Rules 2023 Introduction In a significant judgment that strengthens procedural clarity within institutional arbitration, the Delhi High Court in Municipal Corporation of Delhi v. Himalayan Flora and Aromas Pvt. Ltd. (Arb. A. (Comm.) 54/2025, decided on 8 October 2025) examined the scope and duration of orders passed by an Emergency Arbitrator (EA) under the Delhi International Arbitration Cent
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