Blog Articles

The MKBAC Blog aims to provide a dynamic and accessible forum for informed commentary on arbitration. It encourages original insights into contemporary legal developments, landmark judgments, institutional trends, and policy debates in both domestic and international contexts. By publishing short-form, high-impact pieces, the blog seeks to bridge the gap between theory and practice, stimulate scholarly engagement, and foster dialogue among students, practitioners, and academics committed to the advancement of arbitration law in India and beyond.

Post-Award Interim Relief: The Supreme Court’s Home Care Decision and Its Limits

The Toll Gate at the Threshold: Santosh Associate, Pre-Deposit Clauses and the Right to Arbitrate

Confidentiality Without Clarity: A Critique of Kamal Gupta v. L.R. Builders

India’s Arbitration Contradiction: Building a Hub With One Hand, Dismantling It With the Other – An Analysis of the MoF OM, PWD Notification and MoRTH Circular

Functus Officio by Design: Mandatory Substitution, Judicial Discretion, and the Unintended Costs of Section 29A after Mohan Lal Fatehpuria

Blurred Lines – Mylandla on Estoppel and Sovereign Public Policy

The Fraud Threshold in Arbitrability: Reopening the Gates and Revisiting the Undefined Prima Facie Standard

Enforcement of Foreign Awards Cannot Be Resisted on Public Policy Grounds After Final Determination by Seat Court: Transnational Issue Estoppel Applies

Substantive Justice Over Statutory Deadline: Section 29A After C. Velusamy

The Doctrinal Pendulum – From Mandatory Substitution to Structured Discretion under Section 29A

Set-Off in the Shadow of Insolvency: Exploring the SC’s Nuanced Approach in Ujaas Energy v. WBPDCL

Evolution in Law, Resistance in Practice: The NHAI Circular and India’s Infrastructure Arbitration Paradox

Clarity for the Future, Silence on the Past : Supreme Court’s Interpretation of Section 29A

Foreign-Seated Emergency Arbitration in India: Enforcement Gaps and Inadequate Alternatives

Belated Jurisdictional Challenge Impermissible After Active Participation in Arbitration Proceedings

Termination for Non-Payment of Fees: Balancing Arbitral Autonomy and Access to Justice

Fragmentation, Composite Disputes, and the Arbitration–Insolvency Conflict in India

The Paris Court of Appeal Decision (17 November 2025): Rethinking the Role of Parties’ Conduct in Identifying an Arbitration Agreement

The Hidden Cost of Challenging Arbitral Awards: A Case for Rethinking Fee-Shifting Rules

Mandate, Termination and Substitution: A Review of Mohan Lal Fatehpuria v. M/S Bharti Textiles & Ors.

Arbitration Update: Arbitral tribunal’s mandate under Section 29A can only be extended by civil court of original jurisdiction, and not the referral court: Supreme Court settles confusion in Jagdeep Chowgule

Why Are Resource-Related ISDS Claims Surging in the Energy Transition Era?

Binding Non-Signatories: The Doctrinal Confusion in Gaurav Dhanuka

Can Algorithms Arbitrate? Examining AI-Assisted Decision-Making under India’s Arbitration Law

Arbitration Update: Contractual Prohibitory Clauses May Bind Arbitral Tribunals: Supreme Court Refers Bharat Drilling for Reconsideration

Jurisdiction at the Appointment Stage in International Commercial Arbitration: Courts, Conflict, and Legislative Reform

The Procedural–Substantive Paradox in Section 34(2)(a): Rethinking Temporal Application

Judicial Expansion vs. Legislative Restraint: Balasamy’s Effect on India’s Pro-Arbitration Stance

Arbitration Update: High Court cannot appoint Tribunal in an International Commercial Arbitration even with the mutual consent of the Parties

Arbitration Update: Supreme Court Confirms That Indian Courts Have No Jurisdiction in Foreign-Seated Arbitrations

Between Seat and State: Judicial Intervention in the Name of Neutrality

Arbitral Institutions Cease to Exist: Lessons From L&T v. Bhoruka Power and its Jurisprudential Divergence

No Agreement, No Signature, No Problem? SARFAESI’s Fiction of Consent in Arbitration Post-Nangli Mills Era

Revisiting Statutory Arbitration: Party Autonomy Increasingly Diluted by Legislative Intent

Arbitration Update: Supreme Court Clarifies that a Section 37 Appeal does not Automatically stall Award Execution​​

From Consent to Compulsion: Non-Signatories in India’s Arbitration Regime

From Consent to Compulsion: Non-Signatories in India’s Arbitration Regime

No Seat, No Signature, No Justice: Reassessing Arbitration in the Web3 Era

No Seat, No Signature, No Justice: Reassessing Arbitration in the Web3 Era