India: Arbitration & Dispute Resolution

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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
Article
No Automatic Substitution On Mandate Expiry: Supreme Court Reins In Expansive Reading Of Section 29A(4) Of The Arbitration And Conciliation Act, 1996
Disputes arose between Viva Highways Limited ("Appellant"), Madhya Pradesh Road Development Corporation Limited and National Highway Authority of India, which were referred to arbitration. During the pendency of the arbitral proceedings, the statutory period prescribed under Section 29A of the Arbitration Act for making the arbitral award was nearing expiry.
India Litigation
J
JSA
Article
Section 37 Court Cannot Recalculate Damages Awarded In Arbitration Absent Any Finding Of Arbitrariness Or Perversity: Supreme Court
In Saisudhir Energy Ltd. vs. NTPC Vidyut Vyapar Nigam Ltd. [2026 INSC 103], the Supreme Court considered the limits of appellate interference under Section 37 of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act"/ "the Act") where the dispute concerned quantification of liquidated damages under a power purchase agreement
India Litigation
Trinity Chambers
Article
The Power Of Central Electricity Regulatory Commission To Refer Disputes To Arbitration Under Electricity Act, 2003 GUVNL v Tata Power Ltd & Ors
The Appellate Tribunal for Electricity (APTEL) in Gujarat Urja Vikas Nigam Ltd v Tata Power Ltd & Ors (Judgment), passed a common judgment in a batch of appeals arising out an order dated 19.11.2025 (Impugned Order) passed by the Central Electricity Regulatory Commission (CERC) and set aside CERC's direction referring disputes under long-term power purchase agreements (PPAs) to arbitration.
India Energy
KC
Khaitan & Co LLP
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