Dispute Resolution / Arbitration

The recent judgment by the Supreme Court's ("Court") constitutional bench in Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV) brings in a fresh vision for Indian arbitration law. The landmark judgment delivered by a five-judge bench headed by Chief Justice D.Y. Chandrachud addresses. ......

The legal landscape surrounding corporate disputes in India underwent a significant transformation with the enactment of the Companies Act, 2013 ("Act"). Section 430 of the Act delineates the exclusive jurisdiction of the National Company Law Tribunal ("NCLT") and the National Company Law Appellate Tribunal ("NCLAT"), prohibiting civil courts from adjudicating matters falling within the purview of these tribunals. ......

The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ("CIRP Regulations"), which provide for detailed provisions for effectively regulating the insolvency resolution process for corporate persons, have been amended vide the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2024. ......

Subsequent to the Supreme Court's judgment in the case of Cox & Kings Ltd. v. SAP India Pvt. Ltd (discussed here) pertaining to the 'Group of Companies' doctrine, the Delhi High Court ("Court"), in the case of Vingro Developers Pvt. Ltd. v. Nitya Shree Developers Pvt. Ltd. ("Vingro Case"), has opined on the applicability of the group of companies doctrine to the directors of a company and adding directors as a party to arbitration. ......

The High Court of Delhi, in the case of Smaash Leisure Ltd. vs. Ambience Comemrcial Developers Private Limited has held that a statement made by a party's counsel before the Arbitrator withdrawing objection to unilateral appointment would not suffice the requirement of 'express agreement' under Section 12 (5) of the Arbitration and Conciliation Act, 1996 ("Act"). ......

A seven judge bench of the Supreme Court was called upon to resolve an issue which arose in the context of three statutes – the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), the Indian Stamp Act, 1899 ("Stamp Act"), and the Indian Contract Act, 1872 ("Contract Act") - whether arbitration agreements would be non-existent, unenforceable, or invalid if the underlying contract is not stamped. ......

The Mediation Act, 2023 (the “Act”) was passed by the Rajya Sabha on August 1, 2023, the Lok Sabha on August 7, 2023, and was notified in the Gazette of India after receiving the assent of the President of India on September 15, 2023. First introduced in Parliament on December 20, 2021 (“2021 Bill”), the 2021 Bill was then referred to a Parliamentary Standing Committee (“Standing Committee”), which submitted its report to the Rajya Sabha chairperson on July 13, 2022. ......

Recently, in the case of Amit Guglani and Another vs. L&T Housing Finance Limited and Another , the Delhi High Court adjudicated upon a petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (the "A&C Act") for appointment of a sole arbitrator ("Petition") under a tripartite agreement dated October 24, 2018, executed between the parties. ......

The Delhi High Court recently in the case of B.L. Kashyap and Sons Limited vs. Mist Avenue Private Limited held that when a new contract novates the original contract, the arbitration clause would also stand extinguished by virtue of the new agreement. This decision is based on the principle of novation of a contract which is enshrined in Section 62 of the Indian Contract Act, 1872. ......