THE ARBITRATION WORKSHOP

This article examines India’s evolving pro-enforcement stance towards foreign commercial arbitral awards following the 2015 amendments to the Arbitration and Conciliation Act. It highlights how courts now restrict interference to narrow grounds under Section 48 (fraud, corruption, or violation of fundamental policy/morality) while penalizing dilatory tactics. Analysis of Landmark Cases such as Renusagar, Shri Lal Mahal, Vijay Karia, and Avitel provided.

The article critically examines the Delhi High Court’s recent full bench ruling in Pragati Constructions Consultants v. Union of India (2025), which addressed the consequences of procedural defects in Section 34 petitions under the Arbitration and Conciliation Act, 1996.

The blog examines the increasing use of arbitration to resolve various types of real estate disputes in India, including those between countries, construction-related matters, and tech-related disputes.

This article presents a detailed legal analysis in support of the Supreme Court's landmark majority opinion in Gayatri Balaswamy v. M/S ISG Novasoft Technologies Ltd. It argues that granting courts a limited power to modify arbitral awards is a pragmatic and necessary evolution, not judicial overreach, and counters textualist critiques by defending the Court’s purposive interpretation, which frames modification as a logical corollary of severability.

The article critically examines recent developments that challenge India’s self-proclaimed pro-arbitration stance, despite legislative and judicial reforms aimed at aligning with international best practices.

This article examines the implications of DMRC v. DAMEPL, contrasts India’s approach with global best practices, and highlights the negative impact on the business climate of arbitration in India.