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Environmental, Social and Governance (“ESG”) considerations have increasingly become an important component of corporate decision-making, investor assessments and brand positioning in India. As businesses seek to demonstrate their environmental credentials, terms such as “green”, “eco-friendly”, “sustainable”, “carbon neutral” and “environmentally friendly” are increasingly used in advertising, product packaging, corporate communications and sustainability disclosures.

Every time a person clicks “I agree” on a website, downloads an app or opens a bank account, a separate act of consent may be given to an organisation processing that person’s personal data. Until recently, there has been no mechanism under Indian law through which an individual could manage, in one place, the consents given to different organisations, including reviewing and withdrawing those consents.

In NCC Limited v. Airport Authority of India1, the Delhi High Court considered whether a contractor could invoke Section 9 of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") to seek a stay of an order debarring it from participating in future tenders issued by a statutory authority.