India: Litigation, Mediation & Arbitration

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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
Substitution Is Not Substitution Of Justice: Why Courts Cannot Nullify Prior Arbitral Proceedings
The present issue stems from an appeal challenging a Bombay High Court order which, while appointing a substitute arbitrator, declared that the arbitral proceedings conducted between 17.03.2022 and 25.08.2022 were held to be void on the grounds that they had been conducted during the moratorium imposed under Section 14 of the Insolvency and Bankruptcy Code, 2016.
India Litigation
SO
S&A Law Offices
Article
Which Court Has The Jurisdiction To Extend Time Under Section 29A Of The A&C Act? The Supreme Court Clarifies.
The Supreme Court of India, on January 29, 2026, delivered a landmark judgment, Jagdeep Chowgule versus Sheela Chowgule & Ors.1 providing clarity regarding the extension of the mandate of the arbitral tribunal under section 29A of the Arbitration and Conciliation Act 1996 ("the Act") in the instances when the High Court appointed the arbitrator under section 11 of the Act.
India Litigation
SO
S&A Law Offices
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Arbitration & Dispute Resolution

Article
Substitution Is Not Substitution Of Justice: Why Courts Cannot Nullify Prior Arbitral Proceedings
The present issue stems from an appeal challenging a Bombay High Court order which, while appointing a substitute arbitrator, declared that the arbitral proceedings conducted between 17.03.2022 and 25.08.2022 were held to be void on the grounds that they had been conducted during the moratorium imposed under Section 14 of the Insolvency and Bankruptcy Code, 2016.
India Litigation
SO
S&A Law Offices
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Court Procedure

Article
The Supreme Court Of India Clarifies The Scope And Ambit Of The Power Regarding Appointment Of A Substitute Arbitrator; Reiterates That Substitution Preserves Continuity, And Prior Proceedings Remain Valid Unless Either Party Objects
Whether the Bombay HC, while deciding an application for substitution of arbitrator, was justified in holding that the proceedings held by the earlier arbitrator were liable to be declared as nullity on the premise that those proceedings were undertaken during the period of moratorium under Section 14 of the IBC?
India Litigation
J
JSA
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