Triumvir Law has authored the India chapter of Lexology In-Depth: International Arbitration, Edition 17 — the guide formerly published as The International Arbitration Review, edited by John V H Pierce of Latham & Watkins LLP.

Read the India chapter on Lexology

What the chapter covers

The chapter gives an analytical overview of the Indian arbitration landscape over the past year, situating recent developments within the Arbitration and Conciliation Act 1996 and the reforms proposed under the draft Arbitration and Conciliation (Amendment) Bill 2024.

Among the decisions examined:

• Gayatri Balasamy — the constitution bench decision settling the long-debated question of judicial modification of arbitral awards.

• Central Organisation for Railway Electrification — the invalidation of unilateral appointment clauses in public-sector contracts.

• ASF Buildtech v. Shapoorji Pallonji — the Group of Companies doctrine and the 'veritable party' test for binding non-signatories.

• Nagaraj v. Mylandla — the narrowing of the public policy ground under Section 48(2)(b) and the adoption of transnational issue estoppel.

• Disortho v. Meril Life Sciences — the law governing the arbitration agreement absent an express choice.

• Home Care Retail Marts — post-award interim relief extended to the unsuccessful party.

• CCDM Holdings v. Republic of India — the High Court of Australia's sovereign immunity ruling in the Devas-Antrix proceedings.

The chapter also addresses third-party funding and the IFSCA's July 2025 fund management regulations, the enforcement of emergency arbitrator orders, and the announced revamp of the Model Bilateral Investment Treaty.

Chapter structure

Introduction · Year in Review · Special Considerations · Outlook and Conclusions · Endnotes

Contributors

Anubhab Sarkar, Ajay Kumar, Ragini Chakraborty, Arjun Krishnan and Sakshi Singhania — Triumvir Law on Lexology

First published in Lexology In-Depth: International Arbitration, Edition 17 (Law Business Research).