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Can One Party Choose the Arbitrator?
The Supreme Court recently considered an important question under the Arbitration and Conciliation Act, 1996: Can an Arbitral Tribunal be appointed without the other party’s consent? In Arth Micro Finance Private Ltd. & Ors. v. Shivalik Small Finance Bank Ltd., the Court held that arbitration cannot become arbitrary, particularly when it comes to the appointment of an Arbitral Tribunal. The Facts The parties had an agreement containing an arbitration clause. The respond
Yashvardhan Sharma
3 days ago2 min read


How will a court read your exit clause if it's never tested?
On 25 March 2026, the Supreme Court dismissed a batch of special leave petitions filed by two of the three promoters of Financial Software and Systems Private Limited ("FSSPL"), Nagaraj Mylandla and Sharada Mylandla, and affirmed the enforceability of the decree entered against them by the Madras High Court in terms of a Singapore-seated arbitral award. The Madras High Court had described the liability as exceeding INR 1,400 crores: damages measured at a contractual "exit p
Saswata Tewari
Sep 36 min read
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