Worldwide: 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
Mere General Reference To Tender Documents Does Not Incorporate An Arbitration Clause Into The Contract
In a recent ruling , the Supreme Court examined whether a Letter of Intent (LOI), read together with tender documents containing an arbitration clause, was sufficient to constitute a concluded contract and a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The appeal arose from an order of the Bombay High Court appointing a sole arbitrator under Section 11 of the Act.
India Litigation
C
Clasis Law
Article
From Perkins To Bhadra: The Rule Of Protection Against Unilateral Appointments
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.
India Litigation
SL
Samagra Law
Article
Supreme Court On Section 21: Arbitration Commences With Notice
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.
India Litigation
SL
Samagra Law
Article
When A Filing Is No Filing: The Doctrine Of Non-Est Filings Under Section 34
When a challenge to an arbitral award is filed within limitation but suffers from fundamental defects, can such defects be cured through re-filing after the limitation period expires? This analysis examines the judicial evolution of the non-est filing doctrine under Section 34 of the Arbitration and Conciliation Act, 1996, exploring how courts distinguish between curable procedural irregularities and fatal substantive defects that render a filing legally non-existent.
India Litigation
HS
Hammurabi & Solomon
Article
A Benami Property Cannot Be Claimed Through A Benamidar’s Will: The Supreme Court Settles The Law
Benami transactions have long served in India as a device to circumvent statutory restrictions including property ownership and conceal beneficial ownership from tax and regulatory authorities. This mischief is well known when a person pays the consideration for a property but acquires it in the name of another, thereby separating real ownership from ostensible title.
India Litigation
Shivadass & Shivadass
Article
Arbitrator's Power To Award Interest: Prohibitory Clauses
Section 31(7) of the Arbitration and Conciliation Act, 1996 (“the Act”) governs arbitrator's power to award interest. Section 31(7)(a) covers pre-award/pendente lite interest (subject to party agreement), while section 31(7)(b) covers post-award interest. Courts have consistently held that these provisions operate separately, with arbitrator having absolute discretion while awarding future interest however, bound by parties’ agreement (if any) with respect to pre- award period.
India Litigation
SS
Singhania & Partners LLP
Video
Foreign Decree Execution In India | Law Podcast Ep. 1 (Video)
This podcast episode examines the intricate legal framework governing the enforcement of foreign court judgments and decrees in Indian courts. Advocate Brian Noronha analyzes the landmark Supreme Court ruling in Griesheim GMBH v. Goyal MG Gases (P) Ltd., exploring the specific procedural requirements and legal mechanisms that international litigants must navigate when seeking enforcement in India.
India International
IL
IndiaLaw LLP
Article
Balancing Equity And Exclusivity: Supreme Court Reinforces Trade Dress Protection
The Supreme Court of India has delivered a landmark judgment reinforcing trade dress protection in the automotive battery industry, clarifying that exclusive rights extend to the overall commercial impression created by distinctive packaging elements rather than individual colors in isolation. This case examines how courts balance consumer protection against deceptive similarity with the preservation of fair competition, while addressing the critical question of when a combination of visual elements acquire
India IP
LS
Lakshmikumaran & Sridharan
Article
HSA | Dispute Resolution & Arbitration Monthly Update | June 2026
The Supreme Court of India and High Courts deliver significant rulings on arbitration, criminal procedure, land acquisition, and GST matters. Key decisions address incorporation of arbitration clauses by reference, mandatory pre-cognizance hearings under BNSS, execution of specific performance decrees, limitation periods for challenging arbitral awards, and GST applicability on leasehold rights assignments.
India Litigation
HA
HSA Advocates
Article
When An Arbitrator’s Silence Vitiates An Award: The Expanding Duty Of Disclosure Under Section 12 Of The Arbitration & Conciliation Act, 1996
An Arbitrator’s authority to decide a dispute rests on something more fundamental than the arbitration agreement that appoints them; it rests on the parties’ confidence in the arbitrator’s independence, impartiality and transparency. Section 12 of the Arbitration and Conciliation Act, 1996 (“the Act”) gives statutory expression to that principle by requiring an arbitrator to disclose.
India Litigation
RL
RPV Legal
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