Litigation Law, Mediation Law and Arbitration Law

The Supreme Court’s decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 INSC 6 finally settles the long-standing debate around unilateral appointment of arbitrators. For practitioners, the judgment is significant not because it introduces new law, but because it decisively closes the escape routes that were frequently relied upon to defend such appointments. The Court makes it clear that neutrality in arbitration begins at the stage of appointment, and not after proceedings have commenced.

The Supreme Court’s decision in M/s Bhagheeratha Engineering Ltd. v. State of Kerala (2026 INSC 4, decided on 5 January 2026) represents a decisive reaffirmation of pro-arbitration principles under the Arbitration and Conciliation Act, 1996.

The Supreme Court has drawn a clear and decisive line on a question that has repeatedly troubled Section 9 litigation: when does arbitration truly begin? In a firm reaffirmation of statutory principle, the Court in Regenta Hotels Pvt. Ltd. Vs. M/s Hotel Grand Centre Point & Ors. (2026 INSC 32) held that arbitral proceedings commence upon the Respondent’s receipt of a notice invoking arbitration under Section 21 of the Act.