top of page



WhatsApp Agreements: Reimagining Arbitration in the Global Age
The recent Delhi High Court judgment in Belvedere Resources DMCC v. OCL Iron & Steel Ltd 2025 SCC OnLine Del 4652 held Whatsapp messages and email constituted a valid arbitration agreement under Section 7(4)(b) of the Arbitration and Conciliation Act, 1996
13 hours ago


The Expert's Gambit: Reframing 'Issue Conflict' in Modern Arbitration
an ‘issue conflict’ in arbitration describes the existence of actual or apparent bias on the part of the arbitrator stemming from his or her previously expressed views on a question that goes to the very outcome of the case to be decided. It denotes the arbitrator’s relationship to the subject matter of the dispute, and his or her perceived capacity to adjudicate with an open mind
Feb 7


Minimal Interference, Maximum Efficacy: Enforcement of Foreign Commercial Arbitral Awards in India Post-2015
This article examines India’s evolving pro-enforcement stance towards foreign commercial arbitral awards following the 2015 amendments to the Arbitration and Conciliation Act. It highlights how courts now restrict interference to narrow grounds under Section 48 (fraud, corruption, or violation of fundamental policy/morality) while penalizing dilatory tactics. Analysis of Landmark Cases such as Renusagar, Shri Lal Mahal, Vijay Karia, and Avitel provided.
Sep 28, 2025


Non-Est Filings and Limitation under Section 34: Delhi High Court’s Pragati Constructions Ruling
The article critically examines the Delhi High Court’s recent full bench ruling in Pragati Constructions Consultants v. Union of India (2025), which addressed the consequences of procedural defects in Section 34 petitions under the Arbitration and Conciliation Act, 1996.
Sep 14, 2025


Real Estate Arbitration in India: Practice, Pitfalls, and the Path Forward
The blog examines the increasing use of arbitration to resolve various types of real estate disputes in India, including those between countries, construction-related matters, and tech-related disputes.
Sep 6, 2025


Pragmatism over Pedantry: In Defence of the Power to Modify Arbitral Awards Post-Gayatri Balaswamy
This article presents a detailed legal analysis in support of the Supreme Court's landmark majority opinion in Gayatri Balaswamy v. M/S ISG Novasoft Technologies Ltd. It argues that granting courts a limited power to modify arbitral awards is a pragmatic and necessary evolution, not judicial overreach, and counters textualist critiques by defending the Court’s purposive interpretation, which frames modification as a logical corollary of severability.
Aug 30, 2025


Is India Truly Arbitration-Friendly? A Reality Check Amid Recent Setbacks
The article critically examines recent developments that challenge India’s self-proclaimed pro-arbitration stance, despite legislative and judicial reforms aimed at aligning with international best practices.
Aug 16, 2025


Finality Fractured: India’s Arbitration Image Post DMRC v. DAMEPL
This article examines the implications of DMRC v. DAMEPL, contrasts India’s approach with global best practices, and highlights the negative impact on the business climate of arbitration in India.
Jun 22, 2025


Contractual Interpretation in Arbitration: Balancing Business Intent and Judicial Oversight
Two key principles help make sense of unclear & disputed contractual clause: the Business Efficacy Test and the Officious Bystander Test. Tribunals, particularly under Indian jurisprudence, have been guided by these principles, though their application remains context-specific and occasionally contested while interpreting contracts and staying within the contractual framework to respect the parties’ intentions.
Apr 26, 2025


Reforming Arbitration in India: Analysing the Proposed Amendments in the 2024 Draft Bill
In this article, the amendments proposed in the draft bill, pros and cons of the amendments, and a general overview of the bill are extensively analysed.
Apr 13, 2025


Beyond Arbitration, ODR, and Litigation: Rethinking Dispute Resolution for Crypto Conflicts
Rethinking Dispute Resolution for Blockchain & Crypto Conflicts
Mar 16, 2025


Maintaining the Balance: A Case for Retaining Adverse Inference under ICSID Rules 2022
- Khyati Maurya [1] & Saransh Sood [2] Introduction The new Arbitration Rules of the International Centre for Settlement of Investment...
Mar 8, 2025


Navigating Maritime Disputes: Interplay of the Admiralty Act, 2017, and Arbitration Act, 1996
Navigating Maritime Disputes: Interplay of the Admiralty Act, 2017, and Arbitration Act, 1996
Feb 2, 2025


Appellate Arbitral Tribunals: A Critical Analysis of Section 34A of the Draft Arbitration and Conciliation Amendment Bill, 2024
The inclusion of Appellate Arbitral Tribunals under Section 34A of the Draft Arbitration and Conciliation Amendment Bill
Jan 5, 2025


Group of Companies in Arbitration Proceedings: Balance between Misinterpreted Consent and Flexible Interpretation
This article examines the Group of Companies Doctrine in arbitration, which allows binding non-signatories to arbitration agreements.
Dec 15, 2024


Selection from a Pool of Arbitrators: The Grey Area
Ayushi Yelimineti [1] Introduction The practice of selecting an arbitrator from a given pool of arbitrators gained much discourse after...
Oct 19, 2024


Regulating Third-Party Funding in India: Insights from Hong Kong's Legal Framework
The article discusses regulating third-party funding in India by conducting a comparative analysis with Hong Kong.
Oct 12, 2024


A Black-Lettered Solution to the Vagueness of Section 36(3) of the Arbitration and Conciliation Act, 1996
This Article aims to propose a solution that avoids any apparent delay in Indian domestic arbitration through Section 36(3).
Oct 6, 2024


Defective Notice: Roadblock to the Appointment of an Arbitrator
These recent trends highlight the importance of adhering to pre-arbitral steps especially the filing of a valid notice
Sep 28, 2024
Revisiting the scope of Judicial Scrutiny under Section 9 of the Indian Arbitration Act, 1996
Revisiting the scope of Judicial Scrutiny under Section 9 of the Indian Arbitration Act, 1996.
Sep 21, 2024


DMRC v DAMEPL: A Setback for the Indian Arbitral Jurisprudence?
upholding valid arbitral awards ensuring minimum judicial intervention and disallowing enforceability of awards
Aug 31, 2024


Analysing the mandatory nature of Multi-Tiered Dispute Resolution Clauses
This article explains the mandatory nature of Multi-Tiered Dispute Resolution Clauses
Aug 24, 2024


From Consent to Complication: Analysing the Inclusion of Corporate Representatives in Arbitration
The article explores the evolving interpretation of the Group of Companies Doctrine (GoCD) in arbitration.
Aug 17, 2024


The Crypto Dispute Resolution: Deciphering the Scope of Arbitration in the Blockchain Age
This article explores into the convergence of blockchain technology, smart contracts, and
arbitration in India.
Aug 10, 2024


Arbitration Bar of India: Revolutionizing Institutional Arbitration in India
Aryaman Setia[i] Introduction The inauguration of the Arbitration Bar of India (“ABI”) on May 11, 2024 has raised significant...
Jul 27, 2024


Kompetenz-Kompetenz as the Saviour? Empowering Tribunals against Hybrid Clauses
Shambhavi & Satyam* I. INTRODUCTION Party autonomy is one of the basic tenets of arbitration as an Alternate Dispute Resolution (“ADR”)...
Jun 29, 2024


RISE OF ONLINE ARBITRATION IN INDIA: CHALLENGES, OPPORTUNITIES AND CALL FOR A CODE
Siddh Sanghavi[1] Introduction The concept of Arbitration is broadly based on two important principles flexibility and party autonomy....
Apr 28, 2024


Reinforcement of Doctrine of Separability and Competence-Competence
Abhinaya Ranganathan[1] & Akshita Grover[2] An arbitration agreement is a creation of a contract and is thus governed by the Arbitration...
Mar 30, 2024


The Role of Emergency Arbitration in India: Navigating Urgent Relief in Arbitral Proceedings
* Sarthak Srivastava INTRODUCTION Emergency arbitration is a concept in India that allows parties involved in a dispute to seek urgent...
Mar 16, 2024


Tribunal Oversight: Assessing Evidence Adequacy vis-a-vis Damages
Yash Tiwari & Ayush Bajpai[1] Introduction The efficacy of any business contract is contingent on the assumption, that any of the parties...
Mar 9, 2024


No Stamps No Problem? Navigating Arbitration Agreements Post ‘In Re: Interplay’
Anubhav Patidar[1] and Sarthika Singhal [2] Introduction A seven-judge Constitutional Bench of Hon’ble Supreme Court in its recent...
Mar 2, 2024


Navigating Uncharted Territories: ICSID Tribunals’ Power to Remove Counsel
This article was originally published on the HNLU CCLS Blog on November 23, 2023 (find here). Aarya Parihar* The role of a lawyer is...
Feb 24, 2024


Incorporation of ‘Group of Companies’ Doctrine: Decoding the consent aspect of the SC Ruling
Digvijay Khatai[1] and Jibisa Janvi Behera[2] I. Introduction On 6th December 2023, the Supreme Court bench comprising Chief Justice of...
Feb 16, 2024


Clarity Amidst Controversy: Has Green Light been given on Unstamped Arbitration Agreements?
Kushagra Tolambia I. Introduction The interpretation of unstamped arbitration agreements has been a contentious issue before various...
Feb 10, 2024


Navigating the Uncharted Water of §1782: Impact on International Arbitration and Evidence Collection
Yuvraj Sharma* Introduction In recent years, an increasing number of U.S. courts have been involved in cases dealing that revolve around...
Jan 26, 2024


India's Economic Rise Sparks Demand for Efficient Dispute Resolution: The Evolution of Institutional Arbitration and the Rise of India as a Global Arbitration Hub
- Harsh Mahaseth and Anvita Sharma[i] India's remarkable ascent as a key player in the global economy continues, characterized by a surge...
Jan 19, 2024


Analyzing the Conundrum Around the Nature of Mediation & Conciliation Clauses
Advik Rijul Jha[1] I. Introduction Arbitration as a preferred mode of Dispute Resolution has proliferated over the years in India, with...
Dec 12, 2023


Traversing the Constitutional Jurisprudence of a Pre-Deposit Clause in Arbitration Agreement
Shelal Lodhi Rajput[1] Introduction: The Supreme Court in Lombardi v. Engineering Limited (“Lombardi”), delivered by a 3-judge bench,...
Dec 1, 2023


Deconstructing the Appointment of Arbitrators Amidst Med-Arb Enigma in the Indian Landscape
-Utkarsh Srivastava[1] and Gaurav Choudhary[2] Part I- Introduction The trajectory of the process of the appointment of an arbitrator...
Nov 4, 2023


Harmonizing ESG Disputes through Arbitration: Analyzing Positive Contribution of Resolution Forums
Nitesh Ranjan[1] & Aman Upadhyay[2] ESG stands for Environmental Social Governance. In this globalized world industrial sector is...
Oct 15, 2023


The Arbitrability of Intellectual Property Right Dispute: Scrutinizing the Circumscribed Prospect
The court and statutory provision don’t have a clear instance in IP infringement-related disputes.
Oct 7, 2023


Evaluating the Access to Justice Rationale of Third Party Funding in India
Gautam Mohanty & Arnav Doshi[1] INTRODUCTION In a relief from a catatonic arbitration regime in the context of litigation funding, the...
Sep 8, 2023


Confidentiality in Arbitration: A Fresh Perspective for India in Light of Global Developments
Dalima Pushkarna [1] Introduction The Singapore International Commercial Court (hereinafter “SICC”) in CZT v CZU , dated 28 June 2023,...
Aug 19, 2023


Bridging the Gap: Enforcing Mediation Settlements as Consent Awards
Examining mediation settlements as consent awards and its effects on enforcement of the same.
Aug 6, 2023


Need for an Arbitration Clause in Settlements executed in supersession of the Original Contract
- Gaurav Rai [1] and Rakshita Singh [2] Introduction Dispute resolution clauses in Commercial Contracts provide for the dispute to...
Jul 30, 2023


Navigating Legal Uncertainty: Enforceability of Unstamped Arbitration Agreements
Shaswat Kashyap & Snigdha Dash[1] The noteworthy decision by a three-judge bench of the Supreme Court in N.N. Global 2021, diverted from...
Jul 16, 2023


Treading the Meandering Path Paved by Section 11(6A)
Dhanya Jha[1] 1. Introduction The ordeal of the judiciary while adjudicating proceedings under Section 11 of the Arbitration and...
Jul 8, 2023


The Conundrum of Anti-Arbitration Injunction and its Current Scenario
Kushagra Tolambia[1] A court may issue an Anti-Arbitration Injunction ("AAI") to prevent parties or an arbitral panel from initiating or...
Jul 1, 2023


Enforceability of an Arbitration Clause Contained in an Unstamped Contract
*Sparsh Srivastava[1] Introduction Over the years, several legal proceedings have focused on the question of whether an arbitration...
Jun 24, 2023


The Tale of Unilaterally Appointed Arbitrators under Indian Law — Can their Mandate be Resurrected?
Priyanshu Shrivastava[1] Background Giving one party the right to appoint an arbitrator of their choice, directly or indirectly, goes...
Jun 3, 2023
bottom of page


