Newsletter/Booklets 26th Nov 2021

ELP Arbitration Update – Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd

Latest Thought Leadership

Alerts & Updates 8th Oct 2026

EXEMPTION FROM THE REQUIREMENT OF MANDATORY MERCHANT BANKER APPOINTMENT FOR DEBT ISSUED THROUGH PRIVATE PLACEMENT BY CERTAIN LISTED ISSUERS

Read More
international trades
Alerts & Updates 30th Sep 2026

BIS Update: Temporary Suspension of the Linear Alkyl Benzene Quality Control Order

Read More
Alerts & Updates 25th Sep 2026

Key decisions taken in the SEBI Board Meeting dated 24th September 2026

Read More
international trades
Alerts & Updates 24th Sep 2026

ELP Sanctions Update – Foreign Sanctions and Contractual Obligations: Delhi High Court Directs Resumption of SAP Support Services to Nayara Energy

Read More

Dear Reader

In this week’s arbitration update, Economic Laws Practice (ELP)’s dispute resolution team analyzes an interesting issue pertaining to s. 9(1) and s. 9(3) of the Arbitration and Conciliation Act, 1996 in the Hon’ble Supreme Court’s recent decision of Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd.

  • Arbitration and Conciliation Amendment, 2015, amended s. 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Ac”), and divided the erstwhile provision into three sub-sections, which are in line with the objective of the Arbitration Act – that of providing timely and speedy resolution of disputes with minimal interference from courts. However, the interplay between s. 9(1) and s. 9(3) became an issue before courts in cases where petitions under s. 9(1) had been filed prior to the initiation of arbitration. Such cases raised a legal conundrum on whether a court can ‘entertain’ a pending petition under s. 9(1) after the subsequent constitution of an arbitral tribunal in view of s. 9(3), or whether the court will become non coram judice as soon as the arbitral tribunal is constituted and a pending petition under s. 9(1) would have to be transferred by the court to the arbitral tribunal.  The Hon’ble Supreme Court untied this Gordon knot in the case of Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd.

    Read more

     

Privacy Policy

As per the rules of the Bar Council of India, lawyers and law firms are not permitted to solicit work or advertise. By clicking on the "I Agree" button, you acknowledge and confirm that you are seeking information relating to Economic Laws Practice (ELP) of your own accord and there has been no advertisement, personal communication, solicitation, invitation or any other inducement of any sort whatsoever by or on behalf of ELP or any of its members to solicit any work through this website.