Arbitration & ADR

Introduction To Arbitration And Appointment Of Arbitrator Arbitration is a process where a dispute is submitted by an agreement of parties to arbitrator(s) who pass the binding award. Arbitration is the most used means of Alternative Dispute Resolution (ADR) where parties seek amicable settlement outside Courts. Arbitration is consensual in nature; it takes place only […]

Analysis of the SBI General Insurance Co. Ltd. vs. Krish Spinning Case The recent Supreme Court of India judgement in the case of SBI General Insurance Co. Ltd. vs. Krish Spinning has significant implications for the interpretation of arbitration clauses post-full and final settlements. This case adjudicated on 18th July 2024, brings clarity to the […]

In a landmark ruling, N.P. Enterprises v. General Manager, Western Railway – Commercial Arbitration Application No. 30940 of 2023 (Date: 18.04.2024), the High Court of Bombay has determined that appointing arbitrators from a narrow panel of four is in violation of Section 12(5) of the Arbitration and Conciliation Act (A&C Act). This judgment, delivered by […]

In a landmark decision dated April 2, 2024, the High Court of Delhi underscored the principles of arbitration in the case of Prince Chadha v. Amardeep Singh. This pivotal judgment, presided over by Hon’ble Mr. Justice Prateek Jalan, elaborates on the limited role of courts in arbitration proceedings and the primacy of the arbitral tribunal […]

Over the past two decades, India’s expansive infrastructure development has necessitated the establishment of legal frameworks to manage high-stake construction contracts effectively. These contracts often involve both Indian and foreign entities, emphasizing the need for a dispute resolution mechanism that bypasses the protracted processes typical of civil courts. The arbitration agreement, as a cornerstone of […]

A Legislative Vacuum Highlighted by the Hon’ble Supreme Court In a recent landmark judgement by the Supreme Court of India, the case of M/S Arif Azim Co. Ltd. vs M/S Aptech Ltd., decided on March 1, 2024, underlines a significant legislative vacuum in the Arbitration and Conciliation Act, 1996. This case, presided over by Justice […]