If confidentiality is to move from principle to practice, Section 42A requires structural repair. The gaps identified earlier demand legislative intervention.

The Supreme Court’s ruling in Kamal Gupta is a landmark decision in the field of arbitration in India. The court ensured that the arbitral process in India retained its consensual nature by excluding the intervention of non-signatories, thereby strengthening confidentiality as a statutory imperative.

[ Vidhanshu and Raman are students at National Forensic Sciences University, Gandhinagar, and Dr Ram Manohar Lohiya National Law University, respectively. ] The Hon’ble Supreme Court’s recent ruling in Kamal Gupta and Another v. LR Builders Private Limited and Another ( Kamal Gupta ) is an important precedent that defends the procedural sanctity of an arbitration proceeding against interference from non-signatory parties. Kamal Gupta sets a clear and straightforward rule