KAY & Partners — Insights
Commentary on recent judgments and regulatory developments across our practice areas. Analysis is factual and educational. Nothing here constitutes legal advice.
The Broken Clock
The Arbitral Mandate Had Expired. Rohan Builders Asked for an Extension Anyway. The Supreme Court Said Yes.
There is a particular variety of legal catastrophe that feels procedural in origin but lands with substantive force: the kind where a dispute that has survived years of hearings, documentary disclosure, and witness exami…
Read analysis →The Creditor's Arbitration
Two Banks Lent Against the Same Sack of Rice. The Supreme Court Said Only One Forum Can Settle Who Gets It.
In 2003, Bank of India extended credit to a rice mill secured against stocks of rice and paddy held in a godown. The documentation was prepared, the security was registered, and the arrangement proceeded in the conventio…
Read analysis →The Rewrite Power
Courts Could Set Aside Arbitral Awards. A Constitution Bench Just Decided They Can Also Fix Them.
The appeal from an arbitral award has always involved a structural awkwardness that practitioners have learned to live with but never quite solved. The Arbitration and Conciliation Act, 1996 gives courts two options when…
Read analysis →The analyses published here are prepared by the editorial team of KAY & Partners and are intended solely as general commentary on judicial and regulatory developments. They do not constitute legal advice and should not be relied upon as such. Bar Council of India Rules prohibit advocates from soliciting work or advertising in a manner that implies specialisation or past success. Nothing on this page constitutes a testimonial, endorsement, or guarantee of outcome.