March 30, 2026

Patent Illegality in Indian Arbitration: The Gayatri Balasamy Shift

This blog examines the evolution of the “patent illegality” ground under Section 34 of the Arbitration and Conciliation Act, 1996, culminating in the Supreme Court’s recent decision in Gayatri Balasamy v. ISG Novasoft. It traces the trajectory from Renusagar’s narrow restraint to Saw Pipes’ expansion, through Western Geco’s excesses and subsequent legislative reforms, before assessing Balasamy’s attempt to realign Indian law with global arbitration standards. Using a counterfactual analysis of Saw Pipes, the article evaluates whether Balasamy offers substantive reform or merely rhetorical recalibration. 

Arbitration 0 8 min read
March 21, 2026

Regulating India’s Arbitral Institutions: Assessing the Proposed Section 12A’s Unprecedented Approach

Introduction   In 2024, an Expert Committee on Arbitration, released a Report recommending reforms to the Arbitration andConciliation Act, 1996 [“the Act”]. The Report proposed ambitious amendments:  resolving persistent judicial controversies, such as the Post NN Global-III debate, by suggesting to allow tribunals to proceed on unstamped agreements with deferred stamp duty payment; addressing statutory gaps by proposing provisions on emergency arbitration and third-party funding. Further, it also proposed bold structural reforms, including scrapping Section 11A and the Fourth Schedule’s arbitrator fee […]

Uncategorized 0 9 min read
March 21, 2026

India’s ADR Institutionalization: The Great Wait Continues

The ambition of India to become a global hub for Alternative Dispute Resolution (ADR) remains unfulfilled, despite a robust legal framework as the Arbitration Council of India and Mediation Council of India which were projected as pillars of institutional reform following the 2017 Srikrishna Committee Report have their existence only on paper. While examining the systemic, political and budgetary shortcomings that have postponed operationalisation, this analysis also compares India’s approach with Singapore’s successful model and argues for immediate institutional accountability. Albeit legislative foundations remain strong, investor confidence and India’s competitive position in international dispute resolution markets are at risk due to the ongoing discrepancy between policy rhetoric and practice.

Arbitration 0 9 min read
March 21, 2026

Artificial Intelligence in Indian Arbitration: A Framework for Ethical AI Integration 

This article examines the integration of AI in Indian arbitration within the framework of the Draft Arbitration and Conciliation (Amendment) Bill 2024. While AI offers administrative efficiency and cost-effectiveness for ADR mechanisms, significant challenges persist: algorithmic bias violating Article 14, opaque decision-making undermining Section 31 award requirements, and the absence of explainability standards. International precedents (EU GDPR Article 22, SCHUFA case, CIArb 2025 Guidelines, UK Ayinde judgment) demonstrate mandatory human oversight and transparency requirements. India must implement comprehensive multi-layered frameworks addressing transparency, bias mitigation, DPDP Act 2023 compliance, and human agency preservation to achieve global arbitration hub status by 2030 while maintaining procedural fairness and justice legitimacy.

Arbitration 0 7 min read
March 14, 2026

THE ARBITRATION TIME TRAP – WHY SECTION 23(4) DEMANDS URGENT REFORM

The insertion of Section 23(4) into the Arbitration and Conciliation Act, 1996, was intended to streamline proceedings but has in reality created a procedural paradox. Courts are divided on whether the six-month timeline includes rejoinders and surrejoinders, leading inter alia to conflicting judgments and uncertainty. While some High Courts interpret the provision as mandatory, others treat it as directory, highlighting a lack of statutory clarity. Despite expert committee recommendations, the Draft Arbitration Bill, 2024, remains silent. This note argues for urgent legislative reform to define “completion of pleadings,” make timelines binding, and introduce penalties for non-compliance, lest arbitration devolves into litigation under another name.

Arbitration 0 5 min read