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
January 10, 2026

Re-examining Balasamy: Why Courts Should Retain Discretion to Modify Pendente Lite Interest

This article critically examines the Supreme Court’s Gayatri Balasamy judgment, arguing it created an artificial and unjustified distinction between pendente lite interest and post-award interest by disallowing judicial modification of pendente lite interest in arbitral awards. It contends this restriction lacks a statutory basis under the Arbitration and Conciliation Act, 1996, and contradicts a history of judicial precedents where courts have intervened to rectify exorbitant interest rates. The analysis highlights that retaining the court’s power to modify pendente lite interest is essential for upholding the principle of compensatory justice and ensuring awards remain equitable and fair.

Case Analysis 0 6 min read
January 10, 2026

E-Arbitration and Evidentiary Rigor: Judicial Scrutiny of Digital Consent Formation post Belvedere

In an era where contractual agreements are increasingly executed through digital means, Belvedere v. OCL represents seminal development in Indian arbitration jurisprudence, establishing that correspondence conducted via WhatsApp and email may validly constitute a binding arbitration agreement. This note examines the Delhi High Court’s expansive interpretation of Section 7(4)(b) of the Arbitration and Conciliation Act and critiques its silence on evidentiary rigour under Section 65B of the Evidence Act. It further interrogates the denial of interim relief under Section 9 and the Court’s fidelity to jurisdictional discipline. This piece probes how digital informality collides with legal formality in arbitration’s evolving jurisprudence.

Case Analysis 0 7 min read
August 3, 2022

Afcons Infrastructure and ors. v. Cherian Varkey Construction And ors. : An overview of the implications of the case

Authors – Naman Gowda & Ibban Javed Year – 3rd Year Institute – National Law Institute University, Bhopal Introduction Mediation is a form of Alternative Dispute Resolution (ADR) outside the confines of courts wherein a neutral third party assists the parties to the dispute in arriving at a mutually amicable solution. ADR as a whole is gaining more traction nowadays […]

Case Analysis 0 4 min read
August 3, 2022

Global v. Indo Unique: Extrapolating Arbitration Clause from Unstamped Substantive Contract

Global v. Indo Unique: Extrapolating Arbitration Clause from Unstamped Substantive Contract Date: 06/02/2021 Authors: Samyak Jain, Shalini Mishra Institute of Authors: B.A. LLB (Hons.)Institute of Law, Nirma University, Allahabad Year: 4th A three judge bench of the Supreme Court on 11 January 2021 pronounced the judgment in the case of NN Global Mercantile Pvt. Ltd v. Indo Unique Flame Ltd. […]

Case Analysis 0 7 min read