Arbitration
Foreign Arbitral Awards To Be Enforced Under Indian Law, Interpretation Of 'Public Policy' U/S 48(2)(b) A&C Act Is Limited: Delhi HC
The Delhi High Court observed that to enforce a New York Convention Award, an application u/s 47 of the A&C Act, 1996 has to be filed. Thereafter, the onus shifts on the party opposing the enforcement to make out a ground enlisted in Section 48 of the A&C Act. The bench observed "The settled legal position with respect to foreign awards is that, except strictly in terms of...
Audit Of Arbitration Awards In J&K: A Long-Overdue Accountability Mechanism
The Delhi Government's recent directive to audit all arbitration awards above ₹1 crore passed against government departments in the last 20 years is a watershed moment in public accountability. The Public Works Department (PWD), Water Department, and Irrigation & Flood Control Department have been ordered to submit detailed records of such cases. This measure aims not only to review potential misuse of public funds but also to identify officials whose negligence or collusion may have caused...
Plea Against Misuse Of Digital Signature Does Not Amount To Denying Existence Of Arbitration Agreement: Calcutta High Court
The Calcutta High Court Bench of Justice Krishna Rao, while referring parties to arbitration, has observed that if the Plaintiff alleges that its digital signatures were used without its consent, such an allegation of fraud does not amount to a denial of the existence of the arbitration agreement. Facts The Plaintiffs had filed an application praying for an interim order, whereas...
'Indian Courts Have Enriched & Deepened Meaning Of Statutory Safeguards In Arbitration': Justice Surya Kant
The Delhi Arbitration Weekend 2025 (“DAW”) concluded with the Keynote Address by Mr. Gary Born, Partner, Wilmer Cutler Pickering Hale and Dorr LLP, the Presidential Address by Mr. Arjun Ram Meghwal, Minister of State, Ministry of Law and Justice (Independent Charge).The valedictory address was given by Justice Surya Kant, Judge, Supreme Court of India, followed by the vote of thanks...
Commercial Unit Buyers Not Barred From Seeking Arbitration Relief After Availing Remedies Under RERA: Delhi High Court
The Delhi High Court bench of Justice Pratibha M. Singh and Justice Shail Jain has held that Buyers of commercial units are not prohibited from seeking arbitration relief subsequent to availing remedies under RERA, provided that the arbitration petitions were filed after a change in circumstances. Background The Appellants had entered into a Memorandum of Understanding (MoU) with...
'Duty Of Arbitrator To Disclose Potential Conflict Of Interest In Proceedings': Justice BV Nagarathna
Speaking at the “Seat of the Future: Actionable Steps For Enhancing The Indian Arbitration Ecosystem” session organised by Delhi Arbitration Weekend 2025 (“DAW”), Justice Nagarathna stated that arbitrators must disclose any potential conflict of interests to avoid vioations of natural justice in proceedings.The panel included former judges Justice Nikhil S. Kariel, Dr Justice...
Arbitrators Can Use AI But Content Must Be Critically Reviewed, Independently Verified: Allahabad HC's Justice Shekhar B. Saraf
While speaking at the Delhi Arbitration Weekend 2025 (DAW), Allahabad High Court Judge, Justice Shekhar B. Saraf today emphasised that though artificial Intelligence coupled with Machine Learning will be a game changer in drafting arbitral awards, it must not be used as a substitute for carrying out analysis, and the content must be verified and corrected before it is made a part of...
'Arbitral Tribunals Must Draft Awards That Would Withstand Judicial Scrutiny': Justice Ujjal Bhuyan
The Delhi Arbitration Weekend 2025 (“DAW”) organised a panel discussion on “Drafting of Enforceable Awards: Internatinoal Best Practices”. The panel was chaired by Justice Ujjal Bhuyan and comprised of Justice Shekhar B. Saraf, Mr. Gourab Banerji, Sr. Adv., Dr. Jane Willems, Arbitrator, and Mr. Siraj Oman SC. Justice Ujjal Bhuyan spoke about how the decision of an...
Balance Between Independence Of Arbitrator & Party Autonomy Preserved By Introducing S.12(5) Of Arbitration Act: Justice J.K. Maheshwari
Supreme Court judge Justice J.K. Maheshwari speaking at a penal discussion on the topic “Appointment of Independent Arbitrations: Party Autonomy Conundrum” organised by the Delhi Arbitration Weekend 2025 (“DAW”) focused upon the inherent tension between the principles of party autonomy on one hand and party equality and independence of arbitral tribunal on the other.He stated...
Court Hearing Appeal U/S 37 A&C Act Can Direct Furnishing Of Security Even Without Application U/S 9: Calcutta HC
The Calcutta High Court bench of Justice Arindam Mukherjee has held that while disposing of an appeal under Section 37 of the Arbitration Act, the Court is empowered under Order 41 of the Civil Procedure Code, 1908 (CPC) to impose conditions and direct the respondent to furnish security for the loan as per the Agreement, even in the absence of a formal application under Section 9 of...
Usage Of AI Can Save Time In Arbitration Proceedings, Cannot Be Ignored Over Confidentiality Concerns: Justice Vikram Nath
Speaking at the 'Arbitration 2.0: Integration of Artificial Intelligence and Other technologies to enhance the efficiency of arbitration' session organised by Delhi Arbitration Weekend 2025 (“DAW”), Supreme Court judge Justice Vikram Nath observed that law, despite not being a scientific field, does not discourage the legal fraternity from adopting artificial intelligence (“AI”)....
Unadjudicated Claims Cannot Be Secured Through Interim Relief U/S 9 Of A&C Act Merely Due To Financial Distress: Delhi HC
The Delhi High Court Bench of Justice Jasmeet Singh has observed that mere financial distress of the other party would not be a ground to allow interim relief and grant its unadjudicated claim under Section 11 of the Arbitration Act (ACA)."However, the calculation of any permissible rebate and the resolution of quality-based objections require factual findings and interpretation of the terms...