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After the Gavel Falls: Can the Losing Party Still Seek Interim Relief under Section 9?

Summary: In a landmark 2026 ruling, the Supreme Court of India has decisively reshaped the contours of post‑award interim relief under Section 9 of the Arbitration and Conciliation Act. Departing from the long‑held view that such protection lies only with the winning party, the Court held that even an unsuccessful party may seek interim measures after an arbitral award, provided the case is rare, compelling, and demands judicial restraint. By rejecting the “fruits of the award” doctrine and reaffirming the plain statutory language of “any party,” the judgment restores Section 9 to its full amplitude while carefully safeguarding arbitral finality. This decision marks a pivotal shift in Indian arbitration law, balancing textual fidelity with commercial and procedural realism.

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Abandonment of Claims in Arbitration

Summary: This blog examines two recent decisions, Rajiv Gaddh v. Subodh Prakash (Supreme Court) (2026 INSC 302) and Nalin Vallabhbhai Patel v. Atharva Realtors (Bombay High Court)(2026:BHC-OS:7780), which reinforce a practical message for businesses: If a party lets an arbitration lapse through its own inaction (or withdraws a Section 11 request without liberty), courts are unlikely to allow a “reset” by filing a fresh Section 11 application for the same disputes under the Arbitration and Conciliation Act, 1996.

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Homebuyers under the Code: Judicial Calibration Between Protection and Process

Summary: Recent judicial developments in India are reshaping the treatment of homebuyers under the Insolvency and Bankruptcy Code, 2016. Courts have moved beyond merely recognising homebuyers as financial creditors to substantively distinguishing genuine homebuyers from speculative investors, ensuring the Code is not misused as a recovery tool. While admission into insolvency remains a narrow enquiry of debt and default, broader homebuyer protection is addressed within the resolution process through prospective directions, equitable exceptions for belated claims, and judicial intervention against third-party actions that threaten project viability  Alongside, consumer protection remedies under RERA and the Consumer Protection Act continue to offer parallel avenues for redressal. The evolving framework seeks to balance procedural discipline with fairness, ensuring genuine homebuyers are not left without effective remedies.

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Summary: A key procedural question in Indian arbitration law concerns the trigger for the commencement of the limitation period under Section 34(3) of the Arbitration Act, where a party files a Section 33 application before challenging an arbitral award. Conflicting judicial precedents had created uncertainty on whether an application that was misconceived in scope, or unsuccessful in outcome, could nonetheless shift the limitation trigger from the date of receipt of the award to the date of disposal of the Section 33 request. The Supreme Court in Geojit Financial Services v. Sandeep Gurav (2025) has resolved this conflict by holding that any proper and timely Section 33 application, regardless of outcome or scope, defers limitation to the date of its disposal.

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Sanctions Compliance Beyond the 50% Rule: A Practical Guide for Indian Businesses

Summary: The 50% ownership rule has always been the cornerstone of sanctions compliance offering apparent certainty to entities navigating complex cross-border transactions. However, in recent years, global regulators have started looking beyond the ownership percentage, scrutinizing effective control and influence to determine sanctions exposure. This piece examines the evolving sanctions landscape across the US, UK & EU and provides Indian businesses with a practical, risk-based compliance framework to align with international enforcement expectations.

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Summary: The Securities Appellate Tribunal and Supreme Court recently had the occasion to examine what amounts to securities fraud. While in BDMCL, the SAT examined whether the essential ingredients of fraud were satisfied, in Terrascope, the Supreme Court ruled that false promises in fundraising documents amount to fraud and the same cannot be ratified subsequently by shareholders. Together, these rulings highlight the critical role of transparency and accountability in corporate disclosures.

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Statutory Interpretation versus Hierarchical Presumptions: Supreme Court Settles Section 29A Jurisdiction

Summary: The Supreme Court in Jagdeep Chowgule v. Sheela Chowgule resolved conflicting High Court views on whether Section 29A application to extend an arbitral tribunal’s mandate lies before the High Court or the Civil Court. Drawing a clear and principled distinction between appointment jurisdiction and supervisory jurisdiction, it held that jurisdiction under Section 29A rests exclusively with the “Court” as defined in Section 2(1)(e), irrespective of whether the tribunal was appointed under Section 11(2) or 11(6). Rejecting a hierarchy‑based reasoning, the judgment affirms statutory text as the sole determinant of jurisdiction, thereby bringing clarity and consistency to Indian arbitration jurisprudence. The Court invoked Dicey’s enduring dictum: “however high you may be, the law is above you.”

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Summary: The article examines the Indian Supreme Court’s landmark ruling in C. Velusamy v. K. Indhera, which confirms that courts retain the power under Section 29A(5) of the Arbitration and Conciliation Act, 1996 to extend an arbitrator’s mandate even after an award has been passed following the expiry of that mandate. Crucially, the Court clarified that such a post-mandate award is unenforceable, and any extension of the mandate does not validate the defective award. Instead, the tribunal may resume proceedings from the point at which the mandate expired and deliver a fresh, valid award within the extended period. The judgment clarifies that an award delivered after the expiry of mandate of the tribunal is not fatal to the arbitration itself, and procedural steps may be taken to revive and resume the arbitration so that a valid award may be delivered to bring the arbitration to conclusion.

Continue Reading When the Clock Runs Out: The Supreme Court Reaffirms Courts’ Power to Extend Arbitrator’s Mandate Post Award  
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Does Interest Stop Running When Award Amounts Are Deposited In Court?

Summary: Recent Indian jurisprudence confirms that depositing an arbitral award amount with the court during Section 34 proceedings stops interest from running, but only if the deposit is full, unconditional, and properly notified. Partial payments made over time do not attract this benefit. This clarity provides judgment debtors with a powerful tool to limit their exposure while awards remain under challengeand gives decree holders certainty about their entitlements.

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Bombay High Court Closes the Door on Enforcing Foreign Awards Against Non-Parties

Summary: This article analyses the Bombay High Court’s decision in Ningbo Aux Imp and Exp Co Ltd v. Amstrad Consumer India Pvt Ltd & Anr., which held that enforcement of a foreign arbitral award under Part II of the Arbitration and Conciliation Act, 1996, is confined to persons between whom the award was made, and directed deletion of a non-party guarantor from enforcement proceedings. The article also examines the subsequent Section 9 petition, dismissed on the ground that interim measures cannot be directed against a party against whom the award is not enforceable.

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