Factual Background In ongoing arbitral proceedings between Viva Highways Ltd (appellant) and MPRDC (respondent), the High Court of Madhya Pradesh, relying on Mohan Lal Fatehpuria (2025 INSC 1409), terminated the existing arbitrator’s mandate and directed the parties to propose a new arbitrator. Viva Highways challenged this interim order before the Supreme Court. Issues Whether, upon…
High Courts Cannot Set Aside Arbitration Proceedings While Appointing a Substitute Arbitrator
- 2026-02-12
Factual Background The parties formed a partnership, “M/s Anmol Alliance,” to develop and construct an SRA project at Andheri (West), Mumbai. Disputes arose, leading to a Section 9 petition in which the High Court recorded consent terms on 09.07.2019 and appointed Hon’ble Mr. Justice J.N. Patel (former Chief Justice, Calcutta High Court) as sole arbitrator….
Introduction Arbitration is fundamentally a creature of consent. But what happens when the very document containing the consent, the arbitration agreement, is alleged to be a forgery? In the recent judgment of Rajia Begum v. Barnali Mukherjee, decided on February 2, 2026, the Supreme Court of India clarified the threshold for refusing arbitration when the…
Introduction In a significant ruling concerning the procedural nuances of the Arbitration and Conciliation Act, 1996 (the “A&C Act”), the Supreme Court of India has clarified the scope of Section 21 regarding the commencement of arbitral proceedings. The Court held that the failure to issue a formal notice under Section 21 is not fatal to…
Regenta Hotels Private Limited v. Hotel Grand Centre Point and Ors. Court – Supreme Court Citation – SLP (CIVIL) NO. 30212 OF 2024 Date – 07.01.2026 The Hon’ble Supreme Court has held that Arbitration proceedings commence from the date of receipt of invocation notice by the Respondent and not from the date of appointment of…
The Hon’ble Supreme Court has held that merely if a party has participated in the arbitral proceedings does not per se constitute a waiver of its right to object to an arbitrator’s eligibility. The waiver to object should be express and in writing. I. Factual Matrix The dispute originated from a License Agreement executed in…
The Hon’ble High Court of Calcutta in its Order dated 15th December 2025 in Rishi Chemical Works Pvt. Ltd. v. Enviro Cleanroom Projects Pvt. Ltd., AP-COM/828/2025, has held that a Court can grant a party relief under Section 9 of the Arbitration and Conciliation Act 1996 in spite of the Conciliation proceedings going on under MSME….
Existence of Dispute Under IBC-SC
- 2017-09-23
