Regulatory / Legal Trends

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

Exploring the Supreme Court's Strict Deadline for Challenging Arbitral Awards: "One Day Late, One Case Lost" - A Critical Analysis by adrEdge. Time limits in arbitration law are not mere procedural formalities. The legislature has drawn them tightly, and the Supreme Court of India has consistently refused to permit litigants to stretch them through creative use of the general law of limitation. The decision in State of West Bengal v. Rajpath Contractors and Engineers Ltd., d

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's Constitution Bench Resolves Group of Companies Doctrine, Addressing Non-Signatory Binding Issues. Cox and Kings Ltd. v. SAP India Pvt. Ltd. and Ors.  | Supreme Court of India (Constitution Bench) | Arbitration Petition (Civil) No. 38 of 2020 | Decided: 06.12.2023 Can a company that never signed an arbitration agreement be pulled into arbitration proceedings? And can a parent company be bound by an agreement signed only by its subsidiary? A five-judge Constitut

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 Deliberates on Forged Arbitration Agreements in Rajia Begum v. Barnali Mukherjee Case. INTRODUCTION In March 2026, the Supreme Court of India drew a line that every arbitration practitioner must understand. In Rajia Begum v. Barnali Mukherjee & Ors.  (2026 INSC 106), The Court ruled that when a party alleges the arbitration agreement itself is forged, not merely that a fraud occurred within the underlying contract that no arbitrator can be appointed and no refer

The Supreme Court clarifies the precise commencement of arbitration proceedings, providing much-needed guidance. INTRODUCTION There is a deceptively simple question at the heart of many arbitration disputes in India: when, exactly, does the arbitration begin? It sounds straightforward. But for banks, NBFCs, and corporate litigants holding a pre-arbitration court order under Section 9 of the Arbitration and Conciliation Act, 1996, getting this date wrong can cost them everythi

Supreme Court Clarifies: Only Civil Courts Can Extend Arbitral Tribunal Mandates Under Section 29A. Only the Civil Court of Original Jurisdiction Can Extend the Mandate of an Arbitral Tribunal under Section 29A: Supreme Court Settles the Law Questions of Law Referred to the Division Bench The Supreme Court in Jagdeep Chowgule v. Sheela Chowgule & Ors.  (2026 INSC 92) was called upon to resolve a significant jurisdictional controversy that had resulted in inconsistent approach

Introduction The Rajasthan High Court’s ruling in Kingsroad Handelsges M.B.H. v. Raj Grow Impex LLP (S.B. Arbitration Application No. 69 of 2022, decided on 17 October 2024) marks a significant reaffirmation of India’s pro-enforcement stance in cross-border arbitration. The judgment, concerning the enforcement of a London-seated GAFTA Appeal Award , underscores the narrow scope of judicial interference under the Arbitration and Conciliation Act, 1996  (“the Act”) and India’s

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