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Incorporation of arbitration clauses by reference: A critical analysis of Hirani Developers v. Nehru Nagar Samruddhi CHS ltd.
Critical Analysis of Arbitration Clauses by Reference: Insights from Hirani Developers v. Nehru Nagar Samruddhi CHS Ltd. The Supreme Court in Hirani Developers v. Nehru Nagar Samruddhi CHS Ltd. & Ors. (2026 INSC 484) revisited an important aspect of arbitration law concerning the incorporation of arbitration clauses by reference under Section 7(5) of the Arbitration and Conciliation Act, 1996. The judgment assumes significance in the context of redevelopment agreements and co


The death of the closed panel: Independence in arbitrator appointments after Glock Asia-Pacific
"Exploring the Shift to Independent Arbitrator Appointments After Glock Asia-Pacific: A Discussion on the End of Closed Panels" Background In Glock Asia-Pacific Ltd. v. Union of India, (2023) 8 SCC 226, the Supreme Court addressed a common feature of government contracts in India: the arbitration clause that vests one party, typically the State or a public authority, with the exclusive right to nominate the arbitrator. The Ministry of Home Affairs had contracted with Glock As


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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