India: Arbitration & Dispute Resolution

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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
Article
No Automatic Substitution On Mandate Expiry: Supreme Court Reins In Expansive Reading Of Section 29A(4) Of The Arbitration And Conciliation Act, 1996
Disputes arose between Viva Highways Limited ("Appellant"), Madhya Pradesh Road Development Corporation Limited and National Highway Authority of India, which were referred to arbitration. During the pendency of the arbitral proceedings, the statutory period prescribed under Section 29A of the Arbitration Act for making the arbitral award was nearing expiry.
India Litigation
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JSA
Article
Enforcement Of Domestic Award In International Commercial Arbitration Lies Before The High Court And Not The District Commercial Court: Allahabad High Court
In Shri Colonizers and Developers Pvt. Ltd. v. Abha Gupta [Special Appeal No. 394 of 2025, decided on 16.12.2025], the Division Bench of the Allahabad High Court held that an application under Section 36 of the Arbitration and Conciliation Act, 1996 for enforcement of a domestic award rendered in an international commercial arbitration.
India Litigation
Trinity Chambers
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