Arbitration is not a monolithic process. It is shaped by the nature of the dispute, the location of the parties, and the agreement between them. Broadly, arbitration can be classified into the following categories: Domestic Arbitration, International Arbitration, Institutional Arbitration, Ad-Hoc Arbitration, Online Arbitration (E-Arbitration).
The Madras High Court ruled that the limitation period under Section 11 of the Arbitration Act begins only upon a valid arbitration invocation notice. The case involved a dispute over a 2013 water supply agreement, with the petitioner alleging breach of contract. The Court held that once a party nominates an arbitrator in response to a Section 21 notice, it cannot later claim the petition is time-barred. Since the arbitration notice referenced the 2013 contract and was issued in 2024, the petition was deemed within the limitation period. The Court appointed an arbitrator, rejecting the respondent’s objections.
The Delhi High Court, comprising Justice Yashwant Varma and Justice Dharmesh Sharma, ruled that an arbitral award by an expert tribunal did not suffer from patent illegality and, therefore, could not be set aside under Section 34 of the Arbitration and Conciliation Act. The Court emphasized that judicial intervention under Section 34 is limited, and courts should not reassess the merits of the award beyond this narrow scope. In this case, the tribunal’s decision was found to be sound and within its jurisdiction, leaving no ground for interference. The judgment reinforces minimal court intervention in arbitral proceedings.
The Delhi High Court dismissed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an Arbitral Tribunal. Justice Manoj Kumar Ohri held that allegations questioning the validity of a settlement agreement cannot be examined under Section 11 and must be challenged under Section 34. The Court found that conciliation had occurred as per Clause 26.2 of the contract, leading to a binding settlement that precluded arbitration under Clause 26.3. The petitioner’s claim of financial duress was also not considered at this stage. The Court left it open for the petitioner to seek remedies elsewhere.
Emergency Arbitration is a process where a party to an arbitration agreement seeks urgent interim relief by approaching an emergency arbitrator before the constitution of the arbitral tribunal. The emergency arbitrator, usually appointed under the institutional rules chosen by the parties, provides interim measures to safeguard the rights of parties or prevent irreparable harm.
The Delhi High Court ruled that failing to file an arbitral award along with a petition under Section 34 of the Arbitration and Conciliation Act renders the petition “non-est.” In Sudesh Hans v. Gian Chand Hans & Anr., the petitioner challenged an arbitral award but refiled the petition late. Citing Pragati Construction Consultants v. Union of India (2025), the Court emphasized that non-filing of the award is not a procedural lapse but an essential requirement. As the petition was refiled beyond the limitation period, the Court dismissed it, stating the delay lacked sufficient justification.
The Supreme Court ruled that Sections 4 to 24 of the Limitation Act, 1963, are not entirely excluded when calculating the limitation period under Section 34(3) of the Arbitration and Conciliation Act, 1996. A two-judge bench held that Section 4 applies if the 3-month period ends on a court holiday but not for the 30-day condonable period. The Court emphasized that special statutes should not rigidly restrict delay condonation. It dismissed the appeal, holding that strict limitation rules could discourage arbitration. Justice Mithal stressed the need for uniform limitation periods across statutes, advocating flexibility in delay condonation.
he Chhattisgarh High Court ruled that an Arbitral Tribunal is the master of evidence, and its findings under Section 34 of the Arbitration and Conciliation Act, 1996, should not be scrutinized as if the Court were sitting in appeal. The case involved a dispute between SK Minerals and South Eastern Coalfields Ltd. (SECL) over unpaid dues for a construction project. SECL challenged the Arbitral Award, citing limitation and procedural issues. The Commercial Court set aside the Award, but the High Court overturned this decision, holding that the claim was not time-barred and upholding the Tribunal’s findings.
Arbitration is a formal method of ADR where disputing parties agree to submit their conflict to an independent third party, known as an arbitrator, whose decision, known as an arbitral award, is legally binding. Arbitration is widely used in commercial contracts, labor disputes, and international trade matters, where businesses prefer a private and efficient resolution mechanism instead of prolonged court litigation.
The Metaverse consists of interconnected virtual worlds, often built on blockchain technology and governed by decentralized autonomous organizations (DAOs). Users engage in activities such as gaming, trading virtual assets, creating digital businesses, and socializing through avatars.This unique environment raises several legal questions:
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