07/01/2026
๐๐ฎ๐ฉ๐ซ๐๐ฆ๐ ๐๐จ๐ฎ๐ซ๐ญ ๐๐๐๐จ๐ง๐ฌ๐ข๐๐๐ซ๐ฌ: ๐๐ซ๐จ๐ก๐ข๐๐ข๐ญ๐จ๐ซ๐ฒ ๐๐ฅ๐๐ข๐ฆ ๐๐ฅ๐๐ฎ๐ฌ๐๐ฌ, ๐๐๐ซ๐ญ๐ฒ ๐๐ฎ๐ญ๐จ๐ง๐จ๐ฆ๐ฒ ๐๐ง๐ ๐ญ๐ก๐ ๐๐ข๐ฆ๐ข๐ญ๐ฌ ๐จ๐ ๐๐ซ๐๐ข๐ญ๐ซ๐๐ฅ ๐๐จ๐ฐ๐๐ซ
In ๐๐ก๐๐ก๐ ๐๐ ๐ฝโ๐๐๐โ๐๐๐ ๐ฃ. ๐โ๐ ๐ผ๐๐๐๐๐ ๐ต๐ข๐๐๐๐๐๐ ๐ฝ๐๐๐ โ๐๐๐๐ข๐ 2025 ๐ผ๐๐๐ถ 1388, the Honโble Supreme Court has taken a significant step towards restoring doctrinal clarity in Indian arbitration law. Expressing concern over the widespread misreading of Bharat Drilling, the Court made it clear that arbitral tribunals cannot disregard express contractual prohibitions on claims. Emphasising party autonomy as the backbone of arbitration, the judgment clarifies the distinction between excepted matters and prohibitory claim clauses and affirms that arbitral power is derivative of the contract, not independent of it.
For a detailed analysis, read the article, โReconsidering the Jurisprudence of Excepted and Prohibitory Claim Clauses in Indian Arbitration Lawโ, authored by our Partner, Arush Khanna, and our Associate, Akarsh Pandey.
Read more here: https://www.numenlaw.com/reconsidering-the-jurisprudence-of-excepted-and-prohibitory-claim-clauses-in-indian-arbitration-law.php
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