Arbitration
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LiveLawBiz is LiveLaw's dedicated platform for arbitration and dispute resolution laws.If you follow developments in domestic and international arbitration, commercial disputes, enforcement of awards or related regulatory matters, we invite you to visit LiveLawBiz for more specialised and comprehensive coverage. LiveLawBiz brings you: - • IPR • GST/VAT/CST • Competition Law • RERA • Tax • IBC While selected major arbitration developments will continue to appear...
S. 17 Arbitration Act | Arbitral Tribunal Does Not Exercise Appellate Jurisdiction Over Section 9 Orders: Supreme Court
The Supreme Court recently held that a High Court hearing an appeal under Section 37 of the Arbitration and Conciliation Act against an interim order passed under Section 9 cannot, even with the consent of the parties, delegate its appellate authority to the Arbitral Tribunal by directing it to hear the challenge to the Section 9 order under its Section 17 jurisdiction to grant interim...
Supreme Court Dismisses Percept's Appeal Against ₹14.49 Crore Arbitral Award In Favour Of Sourav Ganguly
The Supreme Court on Monday refused to entertain an appeal filed by Percept Talent Management challenging a Calcutta High Court judgment which upheld a ₹14.49 crore arbitral award in favour of former Indian cricket captain Sourav Ganguly.A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with Percept Talent Management Ltd.'s plea against the Calcutta High...
Arbitral Tribunal Cannot Award Pre-Reference Interest If There's Contractual Bar: Supreme Court
The Supreme Court has held that when a contractual clause bars claims for interest arising from delay in making periodical or final payments, it is impermissible for an arbitral tribunal to award the same as a pre-reference interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe set aside the...
Arbitration | High Court's Location Doesn't Become Arbitration's Seat Just Because HC Appointed Arbitrator : Supreme Court
The Supreme Court on Wednesday (September 23) has held that mere conduct of arbitral proceedings at a particular place does not, by itself, determine the juridical “seat” of arbitration, in the absence of an express designation or agreement between the parties. A Bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva set aside the Orissa High Court's judgment, which had deemed Cuttack...
Weaponizing Sections 11 And 16: Judicial Trends On Dilatory Tactics In Indian Arbitration
In India, arbitration is the most overpriced and time-consuming process for dispute resolution. This phrase became very popular amongst the members of the bar and bench, in recent years. The intent of the legislature to make India a hub of arbitration by introducing timelines right from invoking arbitration to parties completing their pleadings and in last pronouncement of the award by the Arbitrator. Furthermore, the legislature has introduced Section 11 and Section 16 the Arbitration and...
Why Arbitration Council Of India Still Not Taken Off?
In February 2026, the Government told Parliament what the arbitration bar already knew: the Arbitration Council of India has not been constituted as yet. The admission was brief, almost routine. It should not have been. Parliament wrote the Council into the statute book in 2019, gave it a head office in Delhi and a mandate to shape the future of Indian arbitration, and then left the chair empty for close to seven years. India has spent that time announcing its ambition to become a global...
'Arbitration Cannot Be Arbitrary' : Supreme Court Sets Aside Arbitral Tribunal Appointment For Lack Of Consent
The Court quashed the attachment orders passed by the Tribunal noting that the Tribunal's appointment was non-est.
Conditional Deposit Won't Stop Interest If Award-Holder Can't Freely Withdraw It: Supreme Court
A deposit pending appeal is not synonymous with payment to the award-holder, the Court stated.
Why Indian Government Losing Faith In Arbitration?
On 03.06.2024, Government of India, Ministry of Finance, issued an Office Memorandum[1] which send “shock waves” to certain portion of legal community engaged in arbitration. The OM, in a nutshell, mentioned that:1. None of the advantages that arbitration was expected to provide-Speed, Convenience, Technical Expertise, and Finality, were being achieved. Arbitration had simply become an additional layer and source of more litigation. 2. Government as a disputant is subject to large number of...
Beyond Winner And Loser: Reimagining Section 9 In Post-Award Stage
An arbitral award is understood as the culmination of the arbitral process. The pleadings have been closed, evidence has been led and arguments have been heard before rendering an award. The award, however, often marks not the end of the dispute, but the beginning of a distinct post-award phase. The unsuccessful party may challenge the award under Section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), while the successful party may move towards enforcement. Between the...
Composite Transaction Route To “Veritable Party”: Doctrine Still Finding Its Edges
Indian arbitration law has spent the last two years refining a single question when can a non-signatory be forced into or allowed to invoke an arbitration clause it never signed? The Constitution Bench in Cox and Kings Ltd. v. SAP India Pvt. Ltd. 2023 LiveLaw (SC) 1042, gave courts two distinct routes to answer this “group of companies” doctrine, which looks at corporate structure and conduct and the “composite transaction” doctrine which looks at whether a set of linked agreements forms a...