Indian arbitration law

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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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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Delhi High Court Clarifies Scope of Anti-Arbitration Injunctions in Foreign-Seated Proceedings

Summary: In a landmark ruling, the Delhi High Court in Engineering Projects (India) Ltd v. MSA Global LLC clarified that Indian civil courts retain limited but real jurisdiction to stay foreign-seated arbitrations if the proceedings are shown to be vexatious or abusive. The decision strengthens procedural safeguards for parties, by reaffirming the courts’ power to intervene in cases of deliberate non-disclosure and procedural misconduct, notwithstanding the “minimal intervention” principle under Indian arbitration law.

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Rohan Builders Judgment: A Watershed Moment in Indian Arbitration Law

The Supreme Court’s (“SC”) recent[1]interpretation of the intent and scope of Section 29A of the Arbitration and Conciliation Act, 1996 (“Act” or “Arbitration Act”) has sent ripples through the Indian arbitration landscape. In this landmark verdict, Justices Sanjiv Khanna and R. Mahadevan have provided much-needed clarity and guidance on the extension of time limits for arbitral awards beyond the stipulated timeframe under Section 29A of the Act.

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The Evolving Landscape of Pre-Reference Interest in Indian Arbitration Regime

The recent ruling by the Supreme Court of India in Pam Developments Private Limited v. The State of West Bengal & Anr.[1] has reignited discussions on awarding pre-reference interest in arbitration proceedings. The case had arisen from a dispute over delays in a road construction project. Marking a significant development in the evolution of the Indian arbitration law, particularly on granting interest, the Court upheld the arbitrator’s authority to award interest on the awarded sum from the date of the cause of action until the date of the award, even when the contract was silent on the matter. While analysing the Pam Developments case, this blog delves into the nuances of pre-reference interest in light of the existing legal framework and relevant jurisprudence.

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