Case Studies

Exploring the 'Endless Reminders Trap': How Settlement Discussions Fail to Revive Time-Barred Arbitration Claims. B and T AG v. Ministry of Defence | Supreme Court of India | Arbitration Petition No. 13 of 2023 | Decided on 18.05.2023 In a significant ruling on limitation law in arbitration, the Supreme Court of India dismissed a petition for appointment of an arbitrator filed by B and T AG, a Swiss arms manufacturer, against the Ministry of Defence. The Court held that the

Supreme Court Ruling on Arbitration: Arbitrators Can Grant Post-Award Interest on Principal Alone in Morgan Securities v. Videocon Industries. A question that has long troubled arbitration practitioners in India concerns the scope of an arbitrator's discretion when awarding post-award interest. Must the arbitrator always apply the statutory rate of eighteen percent on the entire awarded sum, including pre-award interest? Or does the arbitrator retain the freedom to tailor the

Supreme Court Ruling Highlights Importance of Mediation in Legal Proceedings: "You Cannot Fake Urgency to Skip Mediation" in Yamini Manohar v. T.K.D. Keerthi Case. In a significant ruling for the alternative dispute resolution landscape, the Supreme Court of India has made clear that plaintiffs in commercial suits cannot manufacture a prayer for urgent interim relief simply to sidestep the mandatory pre-litigation mediation requirement under Section 12A of the Commercial Cou

"Exploring the Implications of the Section 9 Bar: Understanding Civil Court Limitations Post-Tribunal Constitution with adrEdge." ArcelorMittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd.  | Supreme Court of India | Civil Appeal No. 5700 of 2021 | Decided: 14.09.2021 The moment an arbitral tribunal is constituted, a civil court's power to entertain a fresh application for interim relief is not merely curtailed. It is effectively suspended, unless the applicant can dem

Supreme Court Decision Clarifies Arbitrator Appointment Deadlines Under Section 11. M/s. Arif Azim Co. Ltd. v. M/s. Aptech Ltd.  | Supreme Court of India | Section 11(6), Arbitration and Conciliation Act, 1996 How long does a party have to knock on the court's door when the other side refuses to appoint an arbitrator? The Supreme Court has now answered this with clarity: three years, and not a day more. In a significant ruling that tidies up one of arbitration law's long-stan

Understanding the Critical Role of the Arbitration Seat in Preventing Forum-Shopping: Ensuring Jurisdictional Stability. BBR (India) Private Limited v. S.P. Singla Constructions Private Limited, Civil Appeal Nos. 4130-4131 of 2022, decided on 18 May 2022 Picture this. An NBFC headquartered in Mumbai disburses a digital loan to a borrower in Kerala. The borrower defaults. Arbitration is invoked. The entire proceeding, hearings, cross-examination, arguments, happens over video

Supreme Court Clarifies: Arbitrator Substitution Not Automatic Post-Mandate Expiry under Section 29A, Outlining Judicial Powers. Introduction Time-bound arbitration was introduced in India with the objective of curbing delays and improving the efficiency of arbitral proceedings. Section 29A of the Arbitration and Conciliation Act, 1996, inserted by the Arbitration and Conciliation (Amendment) Act, 2015, mandates the completion of arbitral proceedings within a prescribed perio

Supreme Court Decision on Forgery and Fraud: Clarifying Court Involvement Before Arbitration Proceedings. INTRODUCTION The Supreme Court of India, in Rajia Begum v. Barnali Mukherjee & Ors.  (2026 INSC 106), has delivered a significant and clarificatory judgment on the interplay between allegations of forgery, fraud, and the doctrine of arbitrability under the Arbitration and Conciliation Act, 1996. The Court was confronted with a situation where the same High Court, on ident

Gavel and Scales Highlight Key Arbitration Ruling: "Substantial Financial Interest Alone Cannot Bind a Non-Signatory," says IIT Mandi v. CPWD Decision. Introduction The jurisprudence surrounding the impleadment of non-signatories in arbitration has witnessed significant evolution in recent years, particularly after the Constitution Bench decision in Cox and Kings Ltd. v. SAP India Pvt. Ltd.  The present judgment of the High Court of Himachal Pradesh in Indian Institute of Te

adrEdge: Leading the Way in Financial Recovery with India's Premier ODR Platform In the high-stakes world of Indian finance, time is literally money. For Banks, NBFCs, and HFCs, every day a loan remains in default is a day that capital is locked, NPAs rise, and profitability erodes. Traditional litigation has long been the bottleneck. With millions of cases clogging Indian courts, recovery can take years. The solution is Online Dispute Resolution (ODR) , but not all ODR platf

Introduction The enforcement of foreign arbitral awards remains one of the most critical pillars supporting India’s credibility as an arbitration-friendly jurisdiction. While legislative reforms and judicial pronouncements have consistently signalled a pro-enforcement stance, enforcement proceedings often encounter resistance through procedural objections, particularly on limitation and public policy. In IMAX Corporation v. E-City Entertainment (India) Pvt. Ltd. & Ors. , the

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

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.

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

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

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