Insights
Category: Arbitration & ADR
Section 9 of the Arbitration Act: When Interim Relief Is the Right First Move
Section 9 of the Arbitration and Conciliation Act 1996 enables a party to seek interim protective measures from the court before, during,…
The Group of Companies Doctrine After Cox & Kings: When Non-Signatories Are Bound by the Arbitration Agreement
The Constitution Bench in Cox & Kings v. SAP India (2023) settled the application of the Group of Companies doctrine in Indian…
The Negative Competence-Competence Principle After In re Interplay: How Section 11 Inquiry Has Narrowed
The seven-judge Constitution Bench decision in In re Interplay (2024) tightened the negative competence-competence principle and recalibrated the inquiry at the Section…
CIIRP, Section 11, and the Question of Court-Free Arbitration in Insolvency
How the CIIRP framework introduced by the IBC (Amendment) Act 2026 reshapes the relationship between Section 11 arbitrator appointment and creditor-initiated insolvency.…
Supreme Court on Arbitration 2024-25: Key Rulings Redrawing Court Interference
Constitution Bench rulings from 2024-25 that redraw when courts may interfere with arbitral awards in India. AOR-led analysis for commercial parties.
Arbitration Clause Drafting: A Best Practice Guide
Essential elements, recommended language, seat vs venue, and pathological-clause pitfalls in drafting enforceable Indian arbitration clauses.
Section 34 Arbitration Challenge: Grounds and Limitation Guide
All statutory grounds to challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act 1996, plus limitation period and…
Mediation Act 2023: What It Changes for Commercial Disputes
Articles, Arbitration & ADR India’s Mediation Act 2023, enacted on 14 September 2023 and partly notified from October 2023, is the…
Multi-Tier Dispute Resolution Clauses: Drafting Them to Avoid Court Challenges
Articles, Arbitration & ADR A multi-tier dispute resolution clause, also called an escalation clause, is a contractual provision requiring parties to…
Supreme Court Restricts Court Interference with Arbitral Process: Key 2024–25 Developments
India’s Supreme Court has maintained a consistent pro-arbitration trajectory over the past decade, progressively narrowing the scope of judicial interference with arbitral…