India: Litigation, Mediation & Arbitration

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Article
The Supreme Court Of India Clarifies The Scope And Ambit Of The Power Regarding Appointment Of A Substitute Arbitrator; Reiterates That Substitution Preserves Continuity, And Prior Proceedings Remain Valid Unless Either Party Objects
Whether the Bombay HC, while deciding an application for substitution of arbitrator, was justified in holding that the proceedings held by the earlier arbitrator were liable to be declared as nullity on the premise that those proceedings were undertaken during the period of moratorium under Section 14 of the IBC?
India Litigation
J
JSA
Article
Where Parties Choose The Seat Before The First Application Is Filed, Section 42 Cannot Confer Jurisdiction On Another Court: Calcutta High Court
In Kessels Engineering Works Pvt. Ltd. v. Neo Metaliks Limited [AP-COM/245/2024 with EC/143/2021, decided on 19 December 2025], the Calcutta High Court decided an important question regarding the interplay between Section 42 of the Arbitration and Conciliation Act, 1996 and the concept of the seat of arbitration as crystallised by party autonomy.
India Litigation
Trinity Chambers
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Article
The Supreme Court Of India Clarifies The Scope And Ambit Of The Power Regarding Appointment Of A Substitute Arbitrator; Reiterates That Substitution Preserves Continuity, And Prior Proceedings Remain Valid Unless Either Party Objects
Whether the Bombay HC, while deciding an application for substitution of arbitrator, was justified in holding that the proceedings held by the earlier arbitrator were liable to be declared as nullity on the premise that those proceedings were undertaken during the period of moratorium under Section 14 of the IBC?
India Litigation
J
JSA
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Article
The Supreme Court Of India Clarifies The Scope And Ambit Of The Power Regarding Appointment Of A Substitute Arbitrator; Reiterates That Substitution Preserves Continuity, And Prior Proceedings Remain Valid Unless Either Party Objects
Whether the Bombay HC, while deciding an application for substitution of arbitrator, was justified in holding that the proceedings held by the earlier arbitrator were liable to be declared as nullity on the premise that those proceedings were undertaken during the period of moratorium under Section 14 of the IBC?
India Litigation
J
JSA
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