Delhi High Court: Disputes arising after execution of settlement agreement remain arbitrable
“Execution of a full and final settlement may not preclude a party from taking recourse to arbitration if a dispute arises from the settlement itself”
Arbitration and Conciliation Act 1996
Parties agreeing to rate of interest cannot later challenge it on ground of public policy: SC upholds 36% interest in BPL-Morgan Securities and Credits case
BPL Ltd., having knowingly entered into the bill discounting agreement, was bound by its terms. Since it defaulted on repayment for years, the stipulated 36% compound interest could not be considered burdensome or oppressive.
Delhi High Court rules on Binding Nature of Arbitration Clause in Insurance Policies Issued After 2023 IRDAI Circular
The respondent submitted that no arbitration clause existed in light of the IRDAI Circular dated 27-10-2023 and Gazette Notification dated 23-1-2024, which had de-notified and superseded arbitration clauses in fire insurance policies.
‘Letter consenting to unilateral appointment of sole arbitrator doesn’t constitute waiver under Sec. 12 (5) of Arbitration Act’: Delhi HC
“At best, the letter consenting to appointment of sole arbitrator, was a conditional acceptance of the appointment of a sole arbitrator. The condition being that the sole arbitrator would adjudicate the disputes between the petitioner and both the respondents.”
Order terminating arbitral proceedings under Section 25 (a) of the Arbitration Act is not an ‘Award’: Delhi High Court
“Such an order merely terminates the arbitral proceedings on account of the claimant’s default in filing the statement of claim and does not involve any adjudication or determination of the rights or obligations of the parties.”
When Does the Clock Start Ticking? The Interplay Between Sections 33 and 34 of the Arbitration and Conciliation Act, 1996
by Arush Khanna* and Gurdev Singh Tung**
Rajasthan High Court: Appellate power under Section 37 confined to domain of Section 34 of Arbitration Act
“The scope of the intervention of the court in arbitral matters is virtually prohibited, if not absolutely barred.”
Unravelling the Conundrum Behind the Interpretation of Interest Clauses vis-à-vis the Arbitrator’s Power to Award Interest
by Dinesh Babu Eedi*, Parth Agrawal** and CL Minati***
‘Arbitral award must be within parameters of arbitration agreement’; Supreme Court upholds setting aside of award granted in favour of SEPCO Electric Power
“When a party is unable to analyse, comment or argue on a contention raised by the other party, it will certainly be deemed as a breach of natural justice and thereby, also a violation of the most fundamental notions of justice.”
“Consent” in Arbitration Agreement — Substance Prevails Over Form: Crystallisation of Indian Jurisprudence
by Vasanth Rajasekaran* and Harshvardhan Korada**
The Case for Summary Proceedings in Indian Arbitration: Learning from ICSID, SIAC and Global Practice
by Saksham Mishra* and Kartikey Agrawal**
Embracing AI in Arbitration: Enhancing Efficiency Without Compromising Justice
by Bhavana Chandak Dhoundiyal* and Shambhavi Upadhyay**
Balancing Fairness and Efficiency: Contours of Writ Jurisdiction in the Arbitration Landscape
by Arush Khanna* and Akarsh Pandey**
Premature Termination of Arbitration: Assessing Arbitrator Fee Entitlements under Indian Law
by Avineet Chawla* and Piyush Raj**
Injunction under S. 9 of Arbitration and Conciliation Act cannot be granted to restrain board meeting for removal of Director: Delhi High Court
The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.
MSME Quarterly Digest: April-June 2025
by Abhisaar Bairagi*, Milind Sharma** and Ausaf Ayyub***
Read why Bombay HC dismissed petition seeking substitution of Arbitrator over independence and impartiality; highlights Arbitrator’s impeccable conduct
“The issue of under-stamping is often weaponized in arbitral proceedings and used to trip up the adjudication of disputes by way of arbitration. Arbitrators, being private persons, tend to be timid and send the instruments to the Stamp Authorities despite being entitled to compute the stamp duty amount and penalty component themselves.”
Reforming India’s Arbitration Framework: Addressing Patent Illegality in Award Enforcement; Alignment with the International Standards
by Arin Chatterjee* and Aranya Chatterjee**
Inside Delhi High Court’s ruling on Vedanta’s cost recovery deductions in Rajasthan oil block arbitration dispute
Vedanta is engaged in a product sharing contract with the government of India, for exploration, discovery, development and production of petroleum resources in relation to an onshore oil and gas block known as Rajasthan Block, since 1995.