Articles 10th Feb 2026
In their latest article, “𝗧𝗵𝗲 𝗰𝘂𝗿𝗶𝗼𝘂𝘀 𝗰𝗮𝘀𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗙𝗮𝘁𝗲𝗵𝗽𝘂𝗿𝗶𝗮 𝗝𝘂𝗱𝗴𝗺𝗲𝗻𝘁: 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗶𝘀𝘀𝘂𝗲𝘀 𝗰𝗹𝗮𝗿𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀”, our Partner Ashishchandra Rao and Senior Associate Rishabh Deshpande examine the Hon’ble Supreme Court’s decision in Mohan Lal Fatehpuria v. Bharat Textiles concerning the obligation of Courts to substitute arbitrators upon termination of their mandate by exercising powers under Section 29A(6) of the Arbitration and Conciliation Act, 1996, and the subsequent clarifications provided by the Hon’ble Supreme Court in Viva Highways Ltd. v. Madhya Pradesh Road Development Corporation Ltd.
The clarifications issued by the Hon’ble Supreme Court restore clarity and confirm that the Fatehpuria Judgment does not alter the settled legal position governing Section 29A of the Arbitration and Conciliation Act, 1996 or the express language thereof.
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