arbitration agreement

CADRA International Arbitration Summer School 2026
CADRA International Arbitration Summer SchoolEvents & CollaborationsInternational

The CADRA International Arbitration Summer School 2026 organized a session on “Drafting Arbitration Agreements and Choice of Law”, delivered by Matthew Drossos, wherein he explored designing enforceable and efficient dispute resolution mechanisms, common drafting pitfalls, and the implications of the choice of law on the conduct and outcome of arbitral proceedings.

anti-arbitration injunction
Case BriefsHigh Courts

Delhi High Court held that the signed Booking Note, which overrode all previous arrangements and incorporated only Clauses 20—41, could not be read to include the arbitration clause in Clause 43 or the Fixture Recap, and restrained the London (LMAA) arbitration.

SARR Freights-II arbitral consent
Experts CornerVasanth Rajasekaran

by Vasanth Rajasekaran* and Harshvardhan Korada**

partition suit arbitration agreement
Case BriefsHigh Courts

Punjab and Haryana High Court examined whether a civil suit seeking partition, separate possession and rendition of accounts could proceed where an arbitration agreement covered division of the family properties.

Sole Arbitrator Justice T S Sivagnanam Kennel Club India
Case BriefsHigh Courts

The Court held that the application filed for appointment of sole arbitrator under Section 11(6), Arbitration and Conciliation Act, 1996, is maintainable as the requirement of notice under Section 21 becomes unnecessary where the petitioner had already disclosed all details in a prior civil suit and the respondent had responded by filing a Section 8 application acknowledging that the dispute must be resolved via arbitration.

Pathological arbitration clauses
Experts CornerIndividualVasanth Rajasekaran

by Vasanth Rajasekaran* and Harshvardhan Korada**

Failure to appoint arbitrator within reasonable time
Case BriefsHigh Courts

The Court held that whether there has been a “failure to act” must be determined by examining the circumstances as a whole and whether a reasonable time had elapsed for performance of the agreed appointment procedure.

latest High Court cases on corporate law
Cases ReportedHigh Court Cases

Five recent High Court rulings on arbitration and contractual disputes, spanning challenges to arbitral awards under Section 34, interim measures under Section 9, arbitrability of pre-agreement disputes, contractual modification and novation, and termination of arbitral proceedings under Section 32(2)(c), rounded up from SCC’s High Court Cases (HCC).

Pioneer Newspaper Arbitration Sole Arbitrator Justice Sujoy Paul
Case BriefsHigh Courts

The Court held that the application filed for appointment of presiding arbitrator under Section 11(6), Arbitration and Conciliation Act, 1996, is maintainable as the place of arbitration referred in Clause 9 MoU becomes the juridical seat of arbitration under Section 20, Arbitration and Conciliation Act, 1996.

Unilateral appointment of arbitrator
Case BriefsHigh Courts

The Court clarified that appointments made unilaterally without contractual authority or consent would be void, subject to the Court’s clarification regarding unsuccessful prior challenges.

LCIA Arbitration Proceedings
Case BriefsForeign Courts

The case arose from a Russian company’s attempt to restrain LCIA arbitration proceedings on the ground that foreign restrictive measures and procedural difficulties had rendered the arbitration agreement incapable of performance.

Prima Facie Review under Section 11 Arbitration Act
Cyril Amarchand MangaldasExperts Corner

Pallavi Singh Rao*, Sukanya Singh** and Tridib Mandal***

arbitration clause consumer forum jurisdiction
Case BriefsSupreme Court

Supreme Court: In a civil appeal arising from a dispute concerning delayed delivery of a residential flat, the Division Bench of Vikram

Justice Vipul M. Pancholi
Know thy Judge

Justice Vipul M. Pancholi’s journey to the Supreme Court of India is a testament to his legal expertise and commitment to the principles of justice.

Dubai International Financial Centre Courts
Case BriefsForeign Courts

An arbitration agreement is in the nature of an exclusive jurisdiction agreement excluding court proceedings except to the extent permissible under the applicable law.

Arbitration Clause Using Can Not Mandatory
Case BriefsSupreme Court

“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”

correspondence can form valid arbitration agreement
Case BriefsHigh Courts

“It was open to the petitioner to participate in the proceedings and to prefer an application under Section 16, A&C Act to challenge the existence of the agreement, but it chose to stay away, and such conduct indicated a strategy of taking a chance by relying on purported errors to undermine an adverse award.”

genuineness of arbitration agreement
Case BriefsSupreme Court

The matter revolves around the alleged forgery/genuineness of the agreements containing the arbitration clause.

Forged Arbitration Agreement
Case BriefsSupreme Court

“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”

Enforcement of Foreign Award
Case BriefsHigh Courts

The jurisdictional pre-condition for reference to arbitration is the concluded contract between the parties and their intention to refer the dispute to arbitration and in absence of the same, a foreign award would run contrary to the Public Policy of India.