June 2, 2026

The Enforceability Conundrum: Navigating Seat Supremacy and Judicial Intervention – Part I

INTRODUCTION As the fallout between MSA Global and EPIL reached the apex court, serious reservations regarding the continuation of proceedings at the seat court of the dispute were expressed. A timeline of proceedings highlights a legal deadlock with the granting of an anti-arbitration injunction (AAI) by the Delhi High Court (Delhi HC) for a stay of proceedings and a counter anti-suit injunction (ASI)  by the Singapore court. The […]

Arbitration 0 5 min read
June 2, 2026

Equity’s Exile: Party Autonomy in Blockchain Arbitration — Part II

In Part I of this article, we traced the structural shift from human judgment to code-based arbitration, identifying a fundamental displacement of equity in systems like Kleros and emerging AI models. Part II takes up the mantle by analyzing the “consent paradox” that emerges when party autonomy is exercised within such rigid frameworks. Finally, it moves beyond critique to propose hybrid, design-based mechanisms for reintroducing equity into the automated landscape.

Arbitration 0 5 min read
April 16, 2026

Surmises and Consent: Public Policy’s New Work in Foreign Award Enforcement

Over the past decade, Indian courts have repeatedly affirmed a strong pro-enforcement stance towards foreign arbitral awards under Part II of the Arbitration and Conciliation Act, 1996 (“The Act”), with a focus on the narrow refusal grounds in Section 48. Against this backdrop, the Madras High Court’s decision in Olam International Ltd. v. Manickavel Edible Oils (P) Ltd. (“Olam”) presents an interesting position. […]

Arbitration 0 10 min read
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

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
January 12, 2026

Public Policy, Arbitrator Bias and Beyond: Impediments to Award Enforcement in India

This article emphasises upon public policy and arbitrator bias, exploring the emerging impediments to the enforcement of arbitral awards in India. Although recent Supreme Court decisions have curbed procedural obstacles like stamp duty objections, indicating a pro-enforcement stance, bias and varying interpretations of public policy still reflect uncertainty. This paper examines practical obstacles such as court delays, tracks legislative and judicial developments, and emphasises the need for balanced scrutiny that protects justice without compromising party autonomy. Ultimately, it argues for a limited use of procedural grounds in order to promote an arbitration-friendly jurisprudence in India.

Arbitration 0 12 min read
February 18, 2025

Curated Arbitrator Panels: Fairness or a Hindrance to Autonomy?

By Hunar [Author is a student at Rajiv Gandhi National University of Law, Punjab] A five-judge bench of the Supreme Court delivered its judgment in Central Organisation for Railway Electrification (CORE) v. M/s ECI-SPIC-SMO-MCML (JV), resolving the longstanding debate on unilateral appointments of sole arbitrators in public-private contracts. The ruling marks a pivotal step toward promoting procedural impartiality and inclusivity […]

Arbitration 0 8 min read