Indian Supreme Court Orders Arbitrator Backlog to be Cleared

The Indian Supreme Court has directed the High Courts to decide within six months on applications to appoint arbitrators that have been pending for over a year. While the judgment will help reduce a large backlog, it highlights the importance of designating an arbitral institution to oversee the case and appoint the arbitrators to avoid the risk of delay in India-related commercial contracts.

M/s Shree Vishnu Constructions v The Engineer in Chief, Military Engineering Service & Ors., SLP (C) No. 5306/2022.


Sections 11(5) and 11(6) of the Indian Arbitration and Conciliation Act 1996 provide that the court may appoint an arbitrator where (i) the parties cannot agree on a sole arbitrator; or (ii) where there is a failure in an agreed appointment procedure. Both provisions are subject to any other agreement specifying how deadlocks will be resolved…

Read the complete story here.

Featured Arbitrators

View all

Read these next


And Then There Were Four: SCOTUS Takes on Fourth Arbitration-Related Case in a Month

This article was first published on the Securities Arbitrate Alert, here. In about a month, the Supreme Court has gone from zero arbitration-centric cases set for review to four (five...

By George Friedman

Arbitration Conversation No. 69: Stephen Anway, Partner and Co-Chair of IDR at Squire Patton Boggs

In this episode of the Arbitration Conversation, Amy interviews Arbitrator Stephen Anway, global co-chair of Squire Patton Boggs’ International Dispute Resolution (IDR) Practice. In that role, he leads a team...

By Stephen P. Anway, Amy Schmitz

California Appellate Court Overturns Arbitration Award that Violated Plaintiff’s Statutory Right to Work

This article first appeared on Globar Arbitration News, Baker McKenzie, here. Brown v. TGS Management Co., 57 Cal. App. 5th 303 (2020) [click for opinion] TGS Management Co., Ltd. (“TGS”)...

By Jacob Kaplan, Michael Hidalgo

Find an Arbitrator