Arbitration and Conciliation Act 1996
Can a civil suit for partition, separate possession and rendition of accounts continue when division of property is covered by an arbitration agreement? P&H HC answers
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.
Inside the Kennel Club of India Case: Madras HC on Section 21 Notice, Limitation and Appointment of Sole Arbitrator
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.
Arbitral Tribunal’s interlocutory orders not amenable to interference absent patent lack of inherent jurisdiction; Karnataka HC reiterates
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.
‘Let us build this digital future brick by brick’: India Digital ADR Summit 2026 closes with focus on fairness and human oversight
At the valedictory ceremony of the India Digital ADR Summit 2026, speakers emphasised that technology must strengthen, rather than replace, human judgment, procedural fairness and institutional accountability, while calling for greater trust in digital arbitration and mediation.
From award to enforcement: Experts discuss bridging the arbitration enforcement gap, setting aside challenges and judicial intervention at India Digital ADR Summit 2026
At the India Digital ADR Summit 2026, arbitration practitioners examined the challenges affecting the enforcement of arbitral awards, including the quality of awards, judicial intervention, domain expertise, institutional arbitration, patent illegality and the need for greater consistency and certainty in arbitration-related proceedings.
When Arbitration Clauses Misfire: Pathological Arbitration Clauses and the Limits of Judicial Cure in India
by Vasanth Rajasekaran* and Harshvardhan Korada**
From Insolvency, Arbitration and Insider Trading to Key Regulatory Reforms: Commercial Laws Roundup August 2026
A comprehensive roundup of the key commercial law developments in August 2026, featuring landmark judgments from the Supreme Court, High Courts, NCLAT and Foreign Courts, along with Regulatory Updates, Law Firm News, Expert Corner and Interviews.
GHAC Arbitration Week 2026: Leading arbitration practitioners discuss institutional frameworks, efficiency and the future of arbitration in India
Senior arbitration practitioners and representatives of LCIA, SIAC, ICC and MCIA discuss the shift from ad hoc to institutional arbitration, appointment of arbitrators, award scrutiny, procedural efficiency, emergency arbitration and the institutional roadmap for GHAC.
From Law to Commerce: GCAI India—Singapore Legal Bridge Opens a New Chapter in Legal Collaboration
The inaugural ceremony of the GCAI India—Singapore Legal Bridge brought together distinguished members of the judiciary, government, legal profession, business community and corporate counsel to deliberate upon the evolving India—Singapore relationship and the role of law in facilitating trade, investment, innovation and cross-border commerce.
Failure to mutually appoint sole arbitrator within a reasonable time justifies court’s intervention U/S 11(6) despite absence of express refusal: Delhi HC
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.
Cases Reported in HCC | Latest High Court Cases on Corporate Law
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).
Bombay High Court: Contractually authorised unilateral appointment of arbitrator not void ab initio in pre-Section 12(5) arbitrations
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.
Exclusive jurisdiction clause can indicate seat of arbitration: Supreme Court dismisses SLP against Delhi HC order appointing Sole Arbitrator
The Court dismissed a special leave petition challenging the Delhi High Court’s order appointing a Sole Arbitrator under Section 11, Arbitration and Conciliation Act, 1996. The Court upheld the view that an exclusive jurisdiction clause, in the context of arbitration proceedings, can be construed as indicative of the seat of arbitration.
Letter from separate confidential arbitration cannot be relied upon merely because relevant: Delhi HC upholds exclusion, dismisses S. 34 challenge
Delhi High Court dismissed a Section 34 challenge after holding that an Arbitral Tribunal rightly refused to rely on a letter exchanged between the respondent and DFCCIL in separate arbitral proceedings. The Court ruled that permitting reliance on such material would undermine the statutory confidentiality regime under Section 42-A, Arbitration and Conciliation Act, 1996.
Article 227 cannot be invoked to challenge Arbitral Tribunal’s rejection of Section 16 application; Remedy lies under Section 34 after final award: Supreme 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
Shardul Amarchand Mangaldas & Co. Secures Significant Win for Vedanta Ltd : Delhi HC Allows Enforcement of Two Foreign Arbitral Awards
The judgment reinforces the finality of foreign arbitral awards in India and provides greater certainty for investors and commercial parties, particularly in sectors such as energy, infrastructure and natural resources, by limiting enforcement-stage challenges based on public policy grounds.
Delhi HC: Binding Heads of Terms Gives Rise to Bona Fide Arbitral Claim; Issues of Specific Performance and Enforceability Left to Arbitral Tribunal
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.
Judicial Review of Arbitral Awards: The Supreme Court’s Tryst with Article 142 and Arbitral Finality
by Vasanth Rajasekaran* and Harshvardhan Korada**
