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Why International Commercial Arbitration Is Surging in India: 7 Key Legal Drivers
International commercial arbitration isn’t just a side option in India anymore—it’s become the go-to way to settle complex contract disputes, especially when there’s cross-border business at stake. These days, corporations, investors, and global companies are skipping the long courtroom slog and turning straight to arbitration. As international trade involving Indian businesses expands, arbitration clauses are …
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Can an arbitral institution require parties’ membership as a pre-requisite for forming an arbitral tribunal under its rules when parties have agreed to arbitrate under those rules?
Overview: The Hon’ble Delhi High Court, in the case of Rani Construction v. Union of India (ARB.P. 1011/2023), ruled that arbitral institution membership cannot be mandated as a prerequisite for arbitration. Hon’ble Justice Sachin Datta’s bench clarified that when parties opt for arbitration under an institution, it doesn’t imply automatic membership acceptance. Facts:The dispute arose …
Hon’ble Supreme Court emphasizes Specific Reference for incorporating an arbitration clause in another contract
The recent ruling by the Hon’ble Supreme Court, in the case of NBCC (India ) Ltd. vs. Zillion Infra Projects Pvt. Ltd., reiterated that arbitration cannot be invoked based on an arbitration clause in another contract unless specifically referenced in the main contract. The court reversed the High Court’s decision, stating that parties must settle …
