Litigation Law, Mediation Law and Arbitration Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Assessing The Viability Of An Appellate Arbitral Tribunal In India
The proposal to introduce an Appellate Arbitral Tribunal (AAT) into India’s arbitration architecture, most prominently reflected in the Draft Arbitration & Conciliation (Amendment) Bill, 2024, has rekindled debate over the proper balance between party autonomy, finality, institutional quality, and judicial supervision. Proponents portray an AAT as an institutional innovation that would enhance the quality of awards, promote consistency, and reduce the burden on courts. Critics warn that an appellate layer risks destroying arbitration’s comparative advantage by permitting merits review, increasing costs and delay, and departing from the international norm of limited judicial interference.
India Litigation
ML
MZM Legal
Article
No Appeal Beyond Section 37: Bombay High Court Holds That The Commercial Courts Act Cannot Provide An Alternative Appellate Route To Challenge An Order Recording Satisfaction Of An Arbitral Award In Execution Proceedings
The Hon’ble Bombay High Court (“High Court”) in its judgment dated 20.07.2026 in Reliance Asset Reconstruction Co. Ltd. vs. Hiroo Hotchand Advani (Commercial Appeal (L) Nos. 14725 and 15441 of 2026), provided much needed clarity on a pertinent issue, being, whether a party aggrieved by an executing court's order in arbitration proceedings can appeal that order under the Commercial Courts Act, 2015 (“CCA”), or whether the right of appeal depends on the order fitting within the narrow categories carved out under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”).
India Litigation
KS
King, Stubb & Kasiva
Article
Arbitration Awards On The Clock: Legal And Practical Implications Of Delayed Awards
Arbitration has long been heralded as the faster, more flexible alternative to litigation. Parties choose it to avoid the procedural labyrinths and backlog of national courts, expecting a swift resolution delivered by subject-matter experts. Yet in practice, arbitration often fails to live up to this promise. Tribunals may take months, or even years, after the close of hearings to deliver their awards.
India Litigation
ML
MZM Legal
Article
Harmonizing Indian Arbitration With Global Standards: The Role Of The Redfern Schedule In Efficient Document Disclosure
Document production in arbitration has traditionally been a contentious and resource-intensive phase, particularly in complex international commercial disputes. As arbitration solidifies its role as the preferred mechanism for resolving cross-border disputes, the imperative for efficient, transparent, and predictable disclosure procedures has become increasingly evident. In the Indian context, the arbitral landscape has undergone significant reform in recent years, with the enactment and amendment of the Arbitration and Conciliation Act, 19961, seeking to align domestic practices with internationally recognized standards.
India Litigation
ML
MZM Legal
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Enforcement of Foreign Judgments

Libel & Defamation

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Professional Negligence

Article
Supreme Court Upholds Survival Of Medical Negligence Claims Against A Deceased Doctor's Estate
In a significant ruling, the Supreme Court in Kumud Lall v. Suresh Chandra Roy held that the death of an alleged negligent doctor does not automatically extinguish a medical negligence claim against him. The Court held that claims relating to medical expenses and other pecuniary losses may survive against the deceased doctor's estate, whereas purely personal claims (against causing pain and suffering and other personal injuries) may not survive.
India Litigation
LO
LexCounsel Law Offices
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Civil Law

Article
Newsletter August Disputes
This newsletter examines recent Supreme Court judgments across arbitration, civil law, criminal law, insolvency, and white-collar crime. Key rulings address the binding of non-signatories to arbitration agreements, the scope of "industry" under the Industrial Disputes Act, limitations on FIR registration following Section 156(3) rejections, and the evidentiary requirements for proving bribery demands under the Prevention of Corruption Act.
India Litigation
PL
Phoenix Legal
Article
Bombay High Court Allows Refund Of Stamp Duty Paid On Cancelled Development Agreement
The Bombay High Court has ruled on whether stamp duty can be refunded when a Development Agreement is cancelled before achieving its purpose, addressing critical questions about the interpretation of possession clauses and limitation periods under the Maharashtra Stamp Act. The judgment clarifies the distinction between substantive entitlement to refund under Section 47 and procedural time limits under Section 48, while examining how contractual licence provisions should be read in context with possession c
India Real Estate
MH
Mansukhlal Hiralal & Co.
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Sovereign Immunity: Public Sector Government

Article
IBC Updates - April 2026
A Decree Holder seeks to execute an arbitral award of ₹385 crore through attachment and sale of properties, while Judgment Debtors argue they are undergoing Personal Insolvency Resolution Process under IBC, 2016. The central question is whether execution proceedings can continue when the statutory moratorium has expired but insolvency proceedings remain active, and whether this would grant preferential treatment disrupting the proposed repayment plan.
India Insolvency
HS
Hammurabi & Solomon
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