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Supreme court holds non-signatory partners to be prima facie veritable parties to arbitration over partnership asset, leaves limitation and estoppel to arbitral tribunal
Supreme Court Decision: Non-signatory partners acknowledged as bona fide participants in arbitration related to partnership assets, with issues of limitation and estoppel deferred to the arbitral tribunal. Case Title: Hemant D. Shah HUF and Anr. v. Chittaranjan D. Shah HUF and Ors. Coram: Justice J. B. Pardiwala and Justice K. Vinod Chandran Citation: (2026) ibclaw.in 661 SC | Civil Appeal No. 13686 of 2026 (SLP (C) No. 26474 of 2026) | Decided on 12.10.2026 The Supreme Cour


Supreme court holds Goa to be juridical seat where arbitration clause names Delhi and Goa and governing law clause vests exclusive jurisdiction in Goa courts
Supreme Court Designates Goa as Juridical Seat with Exclusive Jurisdiction, Despite Arbitration Clause Naming Delhi and Goa. Case Title: Arcis Clean Energy Pvt. Ltd. v. Parshva Innovation[1] Coram: Justice Manoj Misra and Justice Vijay Bishnoi Citation: (2026) ibclaw.in 660 SC | Civil Appeal No. 13663/2026 (SLP (C) No. 35915 of 2025) | Decided on 12.10.2026 The Supreme Court has set aside an order of the Delhi High Court appointing an arbitrator under Section 11(6) of the Ar


Supreme court allows set off of extinguished counterclaim in arbitration following CIRP
Supreme Court Approves Set-Off of Extinguished Counterclaims in Arbitration Post-CIRP; Legal Implications Highlighted by adrEdge. The Supreme Court of India, in, examined the interplay between the clean slate principle under the Insolvency and Bankruptcy Code, 2016 (IBC) and the right to raise a counterclaim in arbitration after approval of a resolution plan. The Court upheld the continuation of arbitration proceedings while permitting the appellant to use its extinguished cl


Separate agreements, separate arbitration clauses: Supreme court clarifies the scope of judicial intervention
Supreme Court Clarifies Judicial Scope in Arbitration: Understanding Separate Agreements and Clauses through ADRedge Insights. In Shubham Equipment Pvt. Ltd. and Anr. v. Rothwell Water Company Ltd. and Ors., decided on 8 October 2026, the Supreme Court of India reiterated the principle of minimal judicial intervention at the stage of appointing an arbitrator. The Court examined the effect of separate arbitration clauses in multiple commercial agreements and considered whethe


Supreme court: High court cannot remit section 37 appeal to arbitral tribunal to be treated as section 17 application, even by consent
Supreme Court Clarifies Limitations: High Court Cannot Remit Section 37 Appeals to Arbitral Tribunals as Section 17 Applications, Even with Consent. Case Title: Union of India and Ors. v. Hariom Projects Pvt. Ltd. Coram: Justice Aravind Kumar and Justice Prasanna Bhalachandra Varale Citation: (2026) ibclaw.in 649 SC (Special Leave Petition (Civil) No. 33087 of 2026, decided on 18 September 2026) The Supreme Court has held that a High Court, while exercising statutory appella


Supreme court: Contractual bar on interest for delayed payments excludes pre-reference interest
Supreme Court Ruling: Contractual restrictions on interest for payment delays do not include pre-reference interest. Case Title: North Eastern Electric Power Corporation Ltd. (NEEPCO) v. Astra Construction Pvt. Ltd. Coram: Justice P.S. Narasimha and Justice Alok Aradhe Citation: (2026) ibclaw.in 646 SC (Civil Appeal No. 13081 of 2026, decided on 22 September 2026) The Supreme Court has held that Clause 54 of the General Conditions of Contract (GCC) bars the grant of pre-refe


Supreme court: High court justified in setting aside co-operative arbitrator's award where relevant documents were ignored
Supreme Court Affirms High Court's Decision to Overturn Arbitration Award Due to Ignored Documents, Highlighting Judicial Oversight in Arbitration Processes. Case Title: Shri Prakash Narain Sharma (Dead) Through Legal Representative v. Burmah Shell Co-Operative Housing Society (Regd) and Ors. Citation: (2026) ibclaw.in 557 SC Coram: Justice Ujjal Bhuyan and Justice Atul S. Chandurkar The Supreme Court has dismissed a batch of civil appeals arising out of a dispute concerning


Deposit is not payment: Supreme court clarifies when interest on an arbitral award ceases to run
Supreme Court Ruling: Clarification on When Interest on Arbitral Awards Stops, Highlighting the Difference Between Deposits and Payments. National Seeds Corporation Ltd. v. National Agro Seed Corporation (India), 2026 INSC 1017 The Supreme Court in National Seeds Corporation Ltd. v. National Agro Seed Corporation (India) examined an important question concerning the liability of an award debtor to pay interest after depositing the awarded amount before a court. The Court clar


Supreme court clarifies when an arbitration clause in a loan agreement binds a personal guarantor
Supreme Court Provides Clarity on Arbitration Clauses in Loan Agreements Affecting Personal Guarantors. The Supreme Court of India, in National Skill Development Corporation v. Surya Wires Private Limited & Ors., decided on 8 September 2026, examined whether an arbitration clause contained in a Loan Agreement could bind a person who had executed a Personal Guarantee in his individual capacity, where the Guarantee was expressly incorporated into the Loan Agreement. The Court


Supreme court refers MSME dispute to arbitration through Delhi international arbitration centre, leaves question of independent recourse under A&C act open
Supreme Court directs MSME dispute to Delhi International Arbitration Centre, leaving the question of independent recourse under the Arbitration and Conciliation Act unresolved. Patel Infrastructure Ltd. v. Aditya Construction | Civil Appeal No. 10057 of 2026 | Supreme Court of India | Justice Sanjay Kumar and Justice Sanjeev Sachdeva | Decided on August 5, 2026 Background The Supreme Court was called upon to consider whether a buyer of goods or services from a micro or small


Non-signatory bound by identical share purchase agreement clauses applicable to other signatories is a veritable party to arbitration agreement: Supreme court
Supreme Court Rules Non-Signatories Are Bound by Arbitration Clauses in Identical Share Purchase Agreements. KKH Finvest Pvt. Ltd. and Anr. v. Ashiesh Shukla and Ors. | Civil Appeal No. 10056 of 2026 | Supreme Court of India | Justice Sanjay Kumar and Justice Sanjeev Sachdeva | Decided on August 5, 2026 Background The Supreme Court examined whether a non-signatory to a Memorandum of Settlement (MoS) could be treated as a veritable party to the arbitration agreement contained
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