India: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Arbitration Updates (April 2026)
The dispute arose out of a works contract wherein the work was completed on 30.07.2000. The Respondent issued a notice invoking arbitration only on 02.06.2022, i.e., after a lapse of more than two decades. The High Court, in proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, held that due to ambiguity in the contract and the absence of a final determination by the Engineer-in-Charge, the claim could not be treated as time-barred and proceeded to appoint an arbitrator.
India Litigation
HS
Hammurabi & Solomon
Article
Delhi High Court Upholds Arbitral Tribunal Findings On Delay Analysis Using The Critical Path Method And Reiterates Limits Of Section 34 Review
The Delhi High Court (“Delhi HC”), in Ircon International Limited vs. Afcons Infrastructure Limited1, has provided important guidance on the evaluation of critical path analysis and delay attribution in construction disputes. The Delhi HC examined whether an arbitral tribunal’s findings on delay, based on project schedules and critical path analysis, could be interfered with under Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”).
India Litigation
J
JSA
Article
Strengthening Enforcement Of Foreign Arbitral Awards In India: The Supreme Court’s Recognition Of Transnational Issue Estoppel
India’s arbitration jurisprudence continues to evolve in favour of minimal judicial intervention and stronger enforcement of foreign arbitral awards. In a significant 2026 decision, the Supreme Court of India reinforced this pro-enforcement approach by formally recognising the doctrine of transnational issue estoppel while interpreting Section 48 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”).
India Litigation
KS
King, Stubb & Kasiva
Article
From Arbitration To Mediation: The Government’s Evolving Approach To Dispute Resolution In India
India’s arbitration landscape has evolved significantly through legislative reforms and a pro-arbitration judicial approach. The Arbitration and Conciliation Act, 1996 has undergone several amendments in the past three decades to position India as a global arbitration hub. However, a series of developments from 2023-2024 have disrupted India’s trajectory toward becoming a global arbitration hub.
India Litigation
SO
S&A Law Offices
Article
Failure To Conduct Enquiry Under Section 202 Of The Code Of Criminal Procedure, 1973 Does Not Vitiate Complaint Filed By Public Servant; Limitation Runs From Discovery Of Offender
The Supreme Court of India (“Supreme Court”) in the case of The State of Kerala vs. M/s Panacea Biotec Limited and Anr. considered whether criminal proceedings under the Drugs and Cosmetics Act, 1940 could be quashed on the ground that the Magistrate failed to conduct an enquiry under Section 202 of the Code of Criminal Procedure, 1973 (“CrPC”), and whether cognisance was barred by limitation under Sections 468 and 469 of the CrPC.
India Litigation
J
JSA
Article
Supreme Court Settles The Debate: Can A Losing Party In Arbitration Seek Interim Protection After The Award?
The Supreme Court, in Home Care Retail Marts Private Limited v Haresh N. Sanghavi, 2026 SCC OnLine SC 670 resolved a long-standing conflict amongst various High Courts on whether a party who lost in arbitral proceedings can apply to a Court for interim reliefs under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) at the post-award stage.
India Litigation
KC
Khaitan & Co LLP
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