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The evidentiary lock-in and the "exceptional circumstance" : Adducing evidence at the section 34 stage
AdrEdge explores the complexities of evidentiary procedures and exceptional circumstances in legal cases, highlighting the nuances of adducing evidence at the section 34 stage. Background In Alpine Housing Development Corporation Pvt. Ltd. v. Ashok S. Dhariwal, (2023) 19 SCC 629, the Supreme Court examined a question that arises with some regularity in contested Section 34 proceedings: can a party that did not participate in the arbitration, and against whom an ex-parte award
One Day Late, One Case Lost: The Supreme Court on the Hard Outer Limit for Challenging Arbitral Awards
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
An Arbitrator Can Grant Post-Award Interest on the Principal Alone: Supreme Court in Morgan Securities v. Videocon Industries
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
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
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
Arbitrator as the Master of Evidence: Delhi High Court Reaffirms Minimal Judicial Intervention in NBCC v. Sharma Enterprises
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
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