Arbitrators Can Use AI But Content Must Be Critically Reviewed, Independently Verified: Allahabad HC's Justice Shekhar B. Saraf

While speaking at the Delhi Arbitration Weekend 2025 (DAW), Allahabad High Court Judge, Justice Shekhar B. Saraf today emphasised that though artificial Intelligence coupled with Machine Learning will be a game changer in drafting arbitral awards, it must not be used as a substitute for carrying out analysis, and the content must be verified and corrected before it is made a part of...

'Arbitral Tribunals Must Draft Awards That Would Withstand Judicial Scrutiny': Justice Ujjal Bhuyan

The Delhi Arbitration Weekend 2025 (“DAW”) organised a panel discussion on “Drafting of Enforceable Awards: Internatinoal Best Practices”. The panel was chaired by Justice Ujjal Bhuyan and comprised of Justice Shekhar B. Saraf, Mr. Gourab Banerji, Sr. Adv., Dr. Jane Willems, Arbitrator, and Mr. Siraj Oman SC. Justice Ujjal Bhuyan spoke about how the decision of an...

Balance Between Independence Of Arbitrator & Party Autonomy Preserved By Introducing S.12(5) Of Arbitration Act: Justice J.K. Maheshwari

Supreme Court judge Justice J.K. Maheshwari speaking at a penal discussion on the topic “Appointment of Independent Arbitrations: Party Autonomy Conundrum” organised by the Delhi Arbitration Weekend 2025 (“DAW”) focused upon the inherent tension between the principles of party autonomy on one hand and party equality and independence of arbitral tribunal on the other.He stated...

Court Hearing Appeal U/S 37 A&C Act Can Direct Furnishing Of Security Even Without Application U/S 9: Calcutta HC

The Calcutta High Court bench of Justice Arindam Mukherjee has held that while disposing of an appeal under Section 37 of the Arbitration Act, the Court is empowered under Order 41 of the Civil Procedure Code, 1908 (CPC) to impose conditions and direct the respondent to furnish security for the loan as per the Agreement, even in the absence of a formal application under Section 9 of...

Usage Of AI Can Save Time In Arbitration Proceedings, Cannot Be Ignored Over Confidentiality Concerns: Justice Vikram Nath

Speaking at the 'Arbitration 2.0: Integration of Artificial Intelligence and Other technologies to enhance the efficiency of arbitration' session organised by Delhi Arbitration Weekend 2025 (“DAW”), Supreme Court judge Justice Vikram Nath observed that law, despite not being a scientific field, does not discourage the legal fraternity from adopting artificial intelligence (“AI”)....

Unadjudicated Claims Cannot Be Secured Through Interim Relief U/S 9 Of A&C Act Merely Due To Financial Distress: Delhi HC

The Delhi High Court Bench of Justice Jasmeet Singh has observed that mere financial distress of the other party would not be a ground to allow interim relief and grant its unadjudicated claim under Section 11 of the Arbitration Act (ACA)."However, the calculation of any permissible rebate and the resolution of quality-based objections require factual findings and interpretation of the terms...

Arbitration | Execution Of Award Cannot Be Stalled Merely Due To Pendency Of Section 37 Appeal : Supreme Court

The Supreme Court held that the execution of an arbitral award cannot be stalled merely on the ground that an appeal under Section 37 of the Arbitration and Conciliation Act is pending.A bench of Justices Manoj Misra and Ujjal Bhuyan heard the case where the appellant (award-holder/decree-holder) sought execution of the arbitral award. The respondents (judgment-debtors) argued that since...

S.11 A&C Act | Respondent's Letter Seeking Petitioner To Give Up Interest On Outstanding Amount Indicates Ongoing Dispute: Allahabad HC

The Allahabad High Court bench of Justice Jaspreet Singh, while hearing a Section 11 petition under the Arbitration Act, observed that the letter of the Respondent addressed to the Petitioner, requiring them to give up their interest claim on the outstanding amount, showed that the claims were still under consideration. Therefore, the Claims cannot be termed dead, and the Section...

Closure Of Partnership Activities Till Dissolution Of Firm Cannot Be Granted As Interim Relief U/S 9 Of A&C Act: HP High Court

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has observed that an interim relief petition under Section 9, Arbitration and Conciliation Act, 1996 (“ACA”) claiming closure of business and manufacturing activities of the partnership business cannot be granted when the principal dispute pertains to the business activities of that partnership. Granting such a...

Usage Of Disputed Trademark Even After Filing Of Challenge Would Cause Serious Confusion To Public: Delhi High Court

The Delhi High Court division bench of Justice Prathiba M. Singh and Justice Shail Jain, while hearing a Section 37(1)(b) appeal under the Arbitration Act, observed that using the subject brand names after a dispute between the parties can cause enormous confusion to the public. People may associate the Respondent's outlets with the Appellants. Factual Matrix: The parties...

Writ Court Interfering With Every Procedural Order In Arbitral Proceedings Is Contrary To Aim Of A&C Act: Gujarat HC

The Gujarat High Court while dismissing a writ petition filed under Article 226 and 227 of the Constitution observed that the Writ Court can exercise their power only in cases where the only if the order in questions is “completely perverse”, or the order in questions is crippled with “bad faith” or the order in questions falls in the category of “rarest of rare...

Arbitration Monthly Digest: August 2025

Supreme Court Mere Pendency Of Criminal Cases Alleging Simple Fraud No Bar To Arbitration : Supreme Court Cause Title: THE MANAGING DIRECTOR BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION LIMITED & ANR. VERSUS SANJAY KUMAR Citation : 2025 LiveLaw (SC) 778 The Supreme Court has allowed the arbitration proceedings to continue in multi-crore Bihar Public Distribution...