What Kind of Disputes are Arbitrable ? Supreme Court Answers the Issue

What Kind of Disputes are Arbitrable ? Supreme Court Answers the Issue

Dealing with a case under Arbitration and Conciliation Act, 1996 it has been held that "where the arbitration agreement itself is alleged to be forged or fabricated, the disputes ceases to be merely contractual and strikes at the very root of arbitral jurisdiction." "Arbitration, it bears reiteration, is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration."

Rajia Begum v. Barnali Mukherjee [2026] GCtR 83 (SC)

Role of Civil Courts under Arbitration and Conciliation Act, 1996 : Supreme Court Explains the Law

Role of Civil Courts under Arbitration and Conciliation Act, 1996 : Supreme Court Explains the Law

The extension of mandate or substitution of an arbitrator under S. 29A does not partake the character of “appointment” under S.11, but is a measure designed to ensure timely conclusion of arbitration. It is incorrect to argue that there will be hierarchical difficulties, conflict of power or jurisdictional anomaly if a Civil Court entertains application under S. 29A for extension of time of an arbitral tribunal if the High Court under S. 11(6) of the Act has appointed the arbitrator(s) is untenable.

Jagdeep Chowgule v. Sheela Chowgule [2026] GCtR 73 (SC)

When can Courts Interfere in Arbitral Awards ? Supreme Court Examines and Explains the Legal Position

When can Courts Interfere in Arbitral Awards ? Supreme Court Examines and Explains the Legal Position

"When a Court is applying the public policy test to an arbitral award, it does not act as a Court of appeal and, consequently, errors of fact cannot be corrected. A plausible view by the arbitrator on facts necessarily has to pass muster as the arbitrator is the ultimate master of the quantity and quality of evidence to be relied upon when he delivers his award."

Prakash Atlanta v. NHAI [2026] GCtR 63 (SC)

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