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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
When Mere References Become Arbitration Agreements: A Critique of Surya Wires Judgement
Sarbeswar Mishra, Taskin Akhtar This article critiques the Supreme Court's decision in National Skill Development Corporation v. Surya Wires Private Limited for expanding Section 7(5) of the Arbitration and Conciliation Act, 1996, by inferring arbitral consent from a “single, composite transaction” despite the absence of a specific reference to the arbitration clause in the Personal Guarantees. It argues that this approach departs from the incorporation requirements and the e
Sarbeswar Mishra & Taskin Akhtar
Sep 217 min read
Closing the Conflict, Opening the Floodgates? The Practical Implications of the Home Care Ruling
Tanya Sara George This article critically examines the Supreme Court’s ruling in Home Care Retail Marts Pvt. Ltd. v. Haresh N. Sanghavi, which permits unsuccessful parties to seek post-award interim relief under Section 9 of the Arbitration and Conciliation Act, 1996. It advances the novel argument that this expansive interpretation, despite its textual justification, risks circumventing the statutory safeguards under Sections 34 and 36, while exposing arbitration to procedur
Tanya Sara George
May 107 min read
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