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Arbitration
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
Mere Use of the Word ‘Arbitration’ Does Not Create an Arbitration Agreement Unless Parties Clearly Intend To
Legal Insight: A clear intention is essential for forming an arbitration agreement, as highlighted by adrEdge, emphasizing that merely using the term 'arbitration' isn't sufficient. Introduction Arbitration, as a mechanism of alternate dispute resolution, derives its strength solely from the consent and intention of the contracting parties. The recent Supreme Court judgment in M/s Alchemist Hospitals Ltd. v. M/s ICT Health Technology Services India Pvt. Ltd. (decided on 6
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