Introduction The interface between the Arbitration and Conciliation Act, 1996 and the Commercial Courts Act, 2015 continues to generate complex jurisdictional questions, particularly in matters concerning enforcement of arbitral awards arising out of international commercial arbitration seated in India. One such crucial question is namely, which court is the proper forum for enforcement of a domestic arbitral award rendered in an international commercial arbitration which has

adrEdge: Leading the Way in Financial Recovery with India's Premier ODR Platform In the high-stakes world of Indian finance, time is literally money. For Banks, NBFCs, and HFCs, every day a loan remains in default is a day that capital is locked, NPAs rise, and profitability erodes. Traditional litigation has long been the bottleneck. With millions of cases clogging Indian courts, recovery can take years. The solution is Online Dispute Resolution (ODR) , but not all ODR platf

Introduction The enforcement of foreign arbitral awards remains one of the most critical pillars supporting India’s credibility as an arbitration-friendly jurisdiction. While legislative reforms and judicial pronouncements have consistently signalled a pro-enforcement stance, enforcement proceedings often encounter resistance through procedural objections, particularly on limitation and public policy. In IMAX Corporation v. E-City Entertainment (India) Pvt. Ltd. & Ors. , the

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

Introduction The question of whether multiple agreements forming part of the same commercial transaction can be referred to a single arbitration continues to arise frequently in complex commercial arrangements. The Gujarat High Court, in its CAV judgment dated 13 September 2024 in Adani Enterprise Ltd v. M/s SMS Carbon & Minerals Pvt. Ltd.  (C/ARBI.P/76/2023), delivered a detailed exposition on this issue, reaffirming the principle that arbitration must be interpreted in a co

Background and Prior Proceedings The case centered on the execution of an Arbitral Award dated September 26, 2000, which had undergone a complex series of judicial modifications 3 . Initially, the Award directed the Judgment Debtor (BSNL) to pay the Decree Holder (BWL Limited) a sum of Rs. 6,07,56,342/-, inclusive of interest at 18.5% per annum compounded quarterly. The Award was subsequently set aside by a Single Judge of the Calcutta High Court under Section 34 of the Act.

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

Supreme Court Decision Highlights Limits on Arbitrators: Section 28(3) Clarified in IRCTC v. Brandavan Food Products Case. Introduction In Indian Railways Catering & Tourism Corporation Ltd. v. M/s Brandavan Food Products & Ors.  (2025 INSC 1294), the Supreme Court of India delivered a significant ruling reinforcing the sanctity of contractual terms and the boundaries of arbitral interpretation under the Arbitration and Conciliation Act, 1996 . The decision, authored by Jus

Legal Insight: A clear intention is essential for forming an arbitration agreement, as highlighted by adrEdge, emphasizing that merely using the term 'arbitration' isn't sufficient. Introduction Arbitration, as a mechanism of alternate dispute resolution, derives its strength solely from the consent and intention of the contracting parties. The recent Supreme Court judgment in M/s Alchemist Hospitals Ltd. v. M/s ICT Health Technology Services India Pvt. Ltd.  (decided on 6

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