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Tech in Dispute Resolution
You Cannot Fake Urgency to Skip Mediation: Supreme Court in Yamini Manohar v. T.K.D. Keerthi
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
The Section 9 Bar: Once a Tribunal is Constituted, the Civil Court Door Shuts
"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
Binding the Non-Signatory: Supreme Court's Constitution Bench Settles the Group of Companies Doctrine
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
The Section 11 Deadline: Supreme Court Settles the Limitation Clock for Arbitrator Appointment
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
Preventing Forum-Shopping Why the Seat of Arbitration is an Absolute Jurisdictional Lock
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
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