In-depth legal analysis, research, and commentary on issues shaping infrastructure, construction, and energy sectors.
Our reports, articles, and whitepapers examine regulatory developments, contractual risk, and emerging trends affecting complex projects. Each publication is designed to provide structured insight and practical perspective for decision-makers.
December 2025
The Supreme Court holds that the mere use of the word “arbitration” in a dispute resolution clause is insufficient to constitute a binding arbitration agreement under Section 7 of the Arbitration Act — a multi-tier negotiation clause cannot be treated as an arbitration clause unless it reflects unequivocal intent to submit disputes to binding adjudication.
Read MoreNovember 2025
The Bombay High Court holds that enforcement of mortgage is non-arbitrable despite arbitration clauses in loan and mortgage agreements, reaffirming that mortgage enforcement actions constitute rights in rem requiring public adjudication and cannot be referred to private arbitration.
Read MoreOctober 2025
The Delhi High Court enforces ICC foreign awards despite objections on jurisdiction and public policy, reaffirming India’s pro-enforcement stance and holding that challenges under Section 48 cannot involve a re-examination of the merits of the award.
Read MoreSeptember 2025
The Supreme Court clarifies the limits on non-signatory participation in arbitral proceedings, addressing whether non-signatories can attend arbitration hearings and whether courts retain jurisdiction to issue directions once an arbitrator has been appointed under Section 11(6).
Read MoreAugust 2025
The Delhi High Court emphasizes mandatory disclosure requirements for arbitrators in international proceedings, underlining the necessity of judicial oversight when impartiality and procedural fairness are compromised by an arbitrator’s non-disclosure of prior professional relationships.
Read MoreJuly 2025
The Calcutta High Court examines the intersection between interim protections under Section 9 of the Arbitration Act and proceedings under the SARFAESI Act, clarifying the scope of each regime in disputes involving secured financial assets.
Read MoreJune 2025
The Supreme Court holds that a discharge voucher signed under financial duress does not extinguish arbitrable claims when economic coercion is credibly pleaded, allowing the insured to proceed to arbitration despite having accepted a settlement under protest.
Read MoreMay 2025
A Constitution Bench of the Supreme Court clarifies the permissible scope of judicial intervention in arbitral awards, resolving conflicting precedents on whether courts may modify arbitral awards under Sections 34 and 37 of the Arbitration Act or Article 142 of the Constitution.
Read MoreApril 2025
The Supreme Court clarifies the law governing arbitration agreements in the absence of an express choice, applying the three-step test to hold that the presumptive governing law follows the law of the main contract, and that Indian courts retain jurisdiction despite a foreign arbitration venue.
Read MoreMarch 2025
The Supreme Court holds that an oral undertaking imposing joint and several liability falls within the scope of an arbitration clause, binding a non-signatory through equitable estoppel — a party cannot accept the benefits of a contract while avoiding its arbitration obligations.
Read MoreFebruary 2025
The Supreme Court raises concerns over the stringent application of limitation laws in arbitration, calling for legislative intervention to clarify ambiguities in the Act and ensure that arbitration remains an effective dispute resolution mechanism.
Read MoreJanuary 2025
The Supreme Court holds that an arbitration clause requiring mutual consent for arbitrator appointment cannot be treated as “optional” — if disputes arise, invocation of arbitration is mandatory and the clause must be interpreted holistically to preserve its enforceability.
Read MoreDecember 2024
The Delhi High Court rules that an arbitral tribunal exceeds its jurisdiction by striking off a party’s defence for non-payment of arbitral fees, emphasising that such a punitive measure is not sanctioned by the Arbitration and Conciliation Act, 1996.
Read MoreNovember 2024
The Delhi High Court affirms that arbitration can proceed despite the existence of parallel civil proceedings, holding that filing a civil suit does not automatically extinguish the right to arbitrate absent a clear, intentional abandonment of the arbitration agreement.
Read MoreOctober 2024
The Supreme Court holds that an appellate court cannot set aside a tribunal’s award merely on the ground that its own view is the “better view” — an award can only be interfered with if it violates substantive law, the Arbitration Act, or the terms of the agreement.
Read MoreSeptember 2024
The Delhi High Court deems an arbitration clause invalid where the contractor cannot select an arbitrator from the respondent’s pre-approved panel, holding that a clause permitting unilateral appointment by one party is incompatible with Section 12(5) of the Arbitration and Conciliation Act, 1996.
Read MoreAugust 2024
The Supreme Court clarifies the limits of judicial scrutiny at the referral stage under Section 11(6), holding that referral courts must not conduct detailed evidentiary investigations into whether underlying claims are time-barred — that determination belongs exclusively to the arbitrator.
Read MoreJuly 2024
The Delhi High Court holds that Section 29A of the Arbitration Act does not bar consideration of extension applications filed after the expiry of the arbitrator’s mandate, emphasising legislative intent to permit extensions even after the specified period has lapsed.
Read MoreJune 2024
The Delhi High Court underscores that a petitioner must demonstrate both a valid arbitration agreement and an arbitrable dispute before the Court will make a referral under Section 11(6) — courts are not expected to act mechanically and must apply their minds to core preliminary issues.
Read MoreMay 2024
The Supreme Court exercises curative jurisdiction to relieve DMRC of a liability of approximately Rs 8,000 crores, setting aside its 2021 judgment which had restored a patently illegal arbitral award against a public utility — an outcome the bench characterised as a great miscarriage of justice.
Read MoreApril 2024
The Delhi High Court holds that an arbitration clause permitting only one party to unilaterally appoint an arbitrator from its own panel is void, terminating the impugned mandate and appointing a new independent arbitrator in its place.
Read MoreMarch 2024
The Delhi High Court rules that designating a seat of arbitration is akin to an exclusive jurisdiction clause, requiring all Section 11, Section 9, and Section 34 proceedings to be filed before the seat court — any other interpretation would undermine party autonomy and the significance of the neutral venue.
Read MoreFebruary 2024
The Supreme Court reaffirms that courts have no power to modify arbitral awards while adjudicating petitions under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 — an award can only be set aside on specific statutory grounds, not adjusted or altered by the court.
Read MoreJanuary 2024
The Supreme Court holds that an arbitration clause requiring mutual consent for arbitrator appointment cannot be treated as “optional” — if disputes arise, invocation of arbitration is mandatory and the clause must be interpreted holistically to preserve its enforceability.
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