Regulatory / Legal Trends

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