Arbitration and Conciliation Act

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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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  
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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Judicial Restraint In Arbitral Substitution: Key Takeaways From Ankhim Holdings V. Zaveri Construction

Summary: This article analyses the Supreme Court’s decision in Ankhim Holdings Pvt. Ltd. & Anr. v. Zaveri Construction Pvt. Ltd., which reiterates the limited role of courts under Section 15(2) of the Arbitration and Conciliation Act, 1996. The Supreme Court held that substitution of an arbitrator does not permit courts to revisit or nullify prior arbitral proceedings, reaffirming the Act’s self‑contained structure and its emphasis on minimal judicial intervention.

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Supreme Court Clarifies the Trigger Point for Commencement of Arbitration under Indian Laws

Summary: The Supreme Court has addressed a long-standing issue in arbitration law, holding that the receipt of the arbitration notice marks the commencement of arbitral proceedings for the purposes of limitation period, interim reliefs, and procedural laws.

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No Turning Back: Supreme Court’s HCC v. BRPNNL Ruling Shuts the Door on Arbitration Sabotage

Summary: The Supreme Court’s landmark ruling in HCC v. BRPNNL has reset India’s arbitration landscape by emphasising that Section 11 appointments are definitive and not subject to further review, thereby slamming the brakes on procedural sabotage. In a case where three years of hearings were derailed by a belated challenge, the Hon’ble Supreme Court reaffirmed that arbitration agreements must be honoured, defects in appointment mechanisms must be cured without killing the clause, and participation without timely objection amounts to waiver. By insulating advanced arbitrations from endless detours, the judgment restores speed, reliability, and commercial focus to India’s dispute resolution framework, especially vital for the construction sector where delays and escalation claims are endemic.

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Arif Azim or Offshore Infrastructures? Analysing SC’s Divergent Takes on Commencement of Limitation for Section 11(6) Applications

Summary: The Supreme Court has created an interesting puzzle over when limitation begins for applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of arbitrators. While in Arif Azim, the Supreme Court established that limitation begins only after the other party refuses the request for appointment, in Offshore Infrastructures it decided that limitation starts when the final bill becomes due, i.e., when the substantive cause of action arises, conflating two distinct limitation periods. The article analyses this judicial divergence and highlights the need for legislative clarity to resolve the uncertainty.

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Dissolved but Not Defeated: How Struck-Off Companies Enforce Arbitral Wins

Summary: When a company is struck off from the Register of Companies (ROC), it is deemed dissolved under the Companies Act, 2013, but this does not nullify its legal rights, including those arising from arbitral awards. The Arbitration and Conciliation Act, 1996, does not recognise striking off as a ground to set aside or resist enforcement of an award. Section 250 of the Companies Act explicitly allows dissolved companies to continue operating for the purpose of realising dues and settling liabilities. Indian courts, including in Exotic Buildcon, Value Advisory, and AB Creations, have affirmed that arbitral awards remain enforceable even if the company is struck off, provided it is restored to the register. Restoration retroactively validates the company’s existence, enabling it to pursue claims and enforce awards, making dissolution a procedural pause rather than a termination of justice.

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Summary: The seat of arbitration determines the supervisory jurisdiction of courts over arbitral proceedings. But is the situation always so straightforward? More often than not, the seat is not specified and is coupled with vague references to venue or place, along with conflicting exclusive jurisdiction clauses. What happens in such cases? How is the supervisory jurisdiction of courts determined? Courts have developed nuanced approaches to resolve these conflicts, establishing clearer principles for determining supervisory jurisdiction. This article examines six key and frequently encountered scenarios with recent judicial trend to provide clarity on this complex area of law.

Continue Reading Seat, Venue, Place, and Exclusive Jurisdiction Clauses: Analysing the Different Complex Combinations with Recent Judicial Trends