Introduction In a significant ruling that reinforces the primacy of substance over form in commercial contracts, the Supreme Court of India has held that an arbitration agreement can be binding even if it is not signed by a party, provided their conduct demonstrates clear consent to its terms. The bench in the case of Glencore…

Kamal Gupta & Anr. v. L.R. Builders Pvt. Ltd. & Anr.   Court – Supreme Court Citation – 2025 INSC 975 Date – 13.08.2025 The Hon’ble Supreme Court has held that non-signatories to an arbitration agreement cannot be allowed to participate in arbitration proceedings as it waters down the concept of confidentiality. The Court held,…

Roshan Agarwal v. National Projects Construction Corporation Limited (NPCCL) & Anr.   Court – Calcutta High Court Citation – AP-COM/218/2025 Date – 04.08.2025 The Hon’ble Calcutta High Court has held that the mere use of the expression “Arbitration” in a clause is not sufficient to make the Agreement binding and the intent of the parties…

 

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