Arbitral Tribunal

Constitution of the Arbitral Tribunal
CADRA International Arbitration Summer SchoolEvents & CollaborationsInternational

The session on the “Constitution of the Arbitral Tribunal: Appointment, Independence, Impartiality, and Challenges”, at the CADRA International Arbitration Summer School 2026 brought together Kevin Nash and Maria Jonker to discuss party autonomy, arbitrator appointments, independence and impartiality, disclosure obligations, diversity and challenges to arbitrators.

Judicial Intervention in Arbitral Proceedings
Case BriefsHigh Courts

Articles 226 and 227 should ordinarily not be used to correct interlocutory procedural orders of an Arbitral Tribunal unless there is a patent jurisdictional defect or exceptional perversity.

Article 227 challenge to Section 16 application
Case BriefsSupreme Court

Reiterating the legislative policy of minimal judicial interference in arbitral proceedings, the Court observed that interference under Article 227 is warranted only in rare cases involving a patent lack of inherent jurisdiction that is apparent on the face of the record

Enforceability of Head of Terms
Case BriefsHigh Courts

In a Section 9 plea under the Arbitration and Conciliation Act, 1996, the Court holds that the Heads of Terms constitutes a prima facie binding commercial arrangement warranting interim protection, leaving questions of enforceability and entitlement to specific performance to the arbitral tribunal.

Section 34 Limitation
Case BriefsSupreme Court

The Court clarified that limitation under Section 34, Arbitration Act, begins only upon disposal of proceedings formally instituted and entertained under Section 33 by the Arbitral Tribunal.

claim to be made and petition under Section 11 Arbitration Act
Case BriefsHigh Courts

“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”

failure to issue notice under Section 21 of Arbitration Act
Case BriefsSupreme Court

Section 21 of Arbitration and Conciliation Act, 1996 is concerned only with determining the commencement of the dispute for the purpose of reckoning limitation. There is no mandatory prerequisite for issuance of a Section 21 notice prior to the commencement of arbitration.

non-signatory is veritable party
Case BriefsSupreme Court

If the referral court finds that a party is not a veritable party, the matter will not be left to the Arbitral Tribunal as it will relegate the referral court to the status of a monotonous automation.

Arbitral Award quashed over redacted disclosures
Case BriefsHigh Courts

The Court emphasised upon transparency in arbitration proceedings by setting aside an arbitral tribunal’s order which was based on a heavily redacted document. The Court categorically held that allowing parties to squirrel some information into the court record “in sealed cover” undermines every concept of fair justice and openness and transparency in the decision-making process.

clear intention to refer dispute to arbitration
Case BriefsSupreme Court

“Similarly, a clause which states that “if the parties so decide, the disputes shall be referred to arbitration” or “any disputes between parties, if they so agree, shall be referred to arbitration” would not constitute an arbitration agreement”.

delisting Victorinox products on Amazon
Case BriefsHigh Courts

“Should Gute Reise be desirous of using its account with Amazon for selling any products other than Victorinox’s branded products, it shall be free to do so, and Amazon shall not stand in the way of Gute Reise selling other products.”

Arbitral Tribunal
Op EdsOP. ED.

by Parth Gupta*

Delay in curing registry defects
Case BriefsHigh Courts

The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.

Allahabad High Court
Case BriefsHigh Courts

“The right to know and to effectively respond to the charges has been recognized as a fundamental feature of any administrative adjudicatory process. It is a fundamental principle of fairness that a party should have prior notice of the case against him and an opportunity to properly respond to the same”

Aditya Birla and Zee arbitration
Case BriefsTribunals/Commissions/Regulatory Bodies

“Zee and Essel undertook to ensure that SNL would fulfil its obligations and assured that the outstanding amount would be paid. To treat the said LOCs as guarantees would amount to adding words which were not written.”

S. 21 A&C Act notice arbitral tribunal implead
Case BriefsSupreme Court

“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.

Arbitrability of Fraud in India
Op EdsOP. ED.

by Harsha Roy* and Sainaz Parveen**

Hands of Arbitrator
Op EdsOP. ED.

by Raghav Mittal*

Unresolved Dilemmas
Op EdsOP. ED.

by Simarpreet Kaur Matharoo*

Delhi High Court
Case BriefsHigh Courts

“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”