Development Rights

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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