Your business has successfully navigated an arbitration, and the tribunal has passed a favourable award. While this is a significant victory, it is not the end of the journey. The final, and often most challenging, step is the enforcement of a domestic arbitral award under Section 36 of the Arbitration and Conciliation Act, 1996. This […]
Arbitration Award Enforcement Under Section 36 in India Read More »
Many companies sign complex agreements containing “dispute resolution” clauses that seem official—but legally hold no water. Recently, the Supreme Court of India, in the landmark case South Delhi Municipal Corporation v. SMS Ltd. & Ors. (2025), exposed how a poorly drafted dispute-resolution clause and lack of clear arbitration clause in agreement delayed justice for over
Mediation is an increasingly popular tool in civil litigation, offering a cost-effective and efficient way to resolve disputes without the need for prolonged court battles. During a recent webinar organized by the Jharkhand Judicial Academy, judges and legal experts gathered to discuss the role of mediation in civil cases, sharing valuable insights on how legal
Mediation in Civil Cases: Practical Insights from the Real-life Cases Read More »
Arbitral awards are final and binding, providing a swift resolution to disputes. However, parties may sometimes challenge or seek to set aside by filing an appeal against the arbitration awards in India. The Arbitration and Conciliation Act, 1996, provides specific grounds under Section 34 for setting aside awards and guidelines for recognizing and enforcing both
Appeal against Arbitration Awards in India: Procedures and Key Cases Read More »
Setting Aside Arbitral Awards—A Critical Clarification The Himachal Pradesh High Court recently addressed an important question regarding the interplay between Section 34 of the Arbitration and Conciliation Act, 1996, and Section 5 of the Limitation Act, 1963. Specifically, the Court examined whether the ‘sufficient cause’ requirement allowed for extending the limitation period. In a judgment
Arbitration is an efficient and flexible method for resolving disputes outside the court system, but not all disputes can be resolved this way. Certain types of disputes, due to their public nature or the rights involved, must be resolved through the traditional judicial process instead. Understanding non-arbitrable disputes in India and its legal limits is
Understanding Non-Arbitrable Disputes in India: What Cannot Go to Arbitration Read More »
Arbitration provides a faster, more cost-effective alternative to traditional litigation. It allows parties to resolve disputes with minimal court interference, thereby reducing delays and maintaining greater control over outcomes. Section 5 of the Arbitration and Conciliation Act, 1996 emphasizes that courts should only intervene in arbitration proceedings when explicitly allowed by the Act. This framework
Judicial Intervention in Arbitration: Navigating Section 5 of Arbitration Act Read More »
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