India: Litigation, Mediation & Arbitration

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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
Supreme Court Holds Non-Signatory Shareholder A 'Veritable Party' Where Share Transfer Was Integral To Composite Transaction
In KKH Finvest Pvt. Ltd. & Anr. v. Ashiesh Shukla & Ors., the Supreme Court considered whether a shareholder who had not signed a Memorandum of Settlement containing an arbitration agreement could nevertheless be treated as a "veritable party" to that agreement and be referred to arbitration. The Court held that the absence of a signature was not determinative where the surrounding contractual framework and the non-signatory's performance demonstrated an intention to participate in, and be bound by, the composite transaction.
India Litigation
Trinity Chambers
Article
Delhi High Court Holds Delhi Is The Arbitral Seat Despite Exclusive Jurisdiction Clause In Favour Of Indore Courts
In VE Commercial Vehicles Limited vs. Singh Enterprises1, the Delhi High Court dealt with a petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") seeking constitution of an arbitral tribunal under a dealership agreement. The High Court held that a contractual stipulation that the place of arbitration "shall always be at Delhi" designated Delhi as the juridical seat, notwithstanding a separate clause conferring exclusive jurisdiction upon the Courts at Indore, since that clause was expressly made subject to the arbitration clause.
India Litigation
Trinity Chambers
Article
Delhi High Court Holds Receipt Of Signed Arbitral Award By Counsel Triggers Limitation Under Section 34
In Union of India v. M/s ISC-YUG (JV)1, the Delhi High Court considered whether petitions challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") were within limitation when the signed award had been collected by the petitioner's counsel, but was allegedly not delivered directly to the petitioner.
India Litigation
Trinity Chambers
Article
Allahabad High Court Holds Administrative Delay Cannot Justify A Belated Section 34 Challenge
In Union of India, Ministry of Railways v. Gallant Ispat Limited1, the Allahabad High Court, Lucknow Bench, considered whether a delay of 28 days in filing a challenge to an arbitral award could be condoned merely because the challenge was filed within the additional thirty-day period permitted by the proviso to Section 34(3) of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act"). The Court held that the additional period is available only where the applicant establishes sufficient cause.
India Litigation
Trinity Chambers
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Related Country Guides

EF
Enforcement of Foreign Judgments
IA
International Arbitration
LD
Litigation Dispute Resolution

Disclosure & Electronic Discovery & Privilege

Article
Admissibility And Authentication Of Electronic Evidence Under The Bharatiya Sakshya Adhiniyam, 2023: Legal Framework And Emerging Challenges
This article examines the legal framework governing the admissibility of electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023, with particular reference to the requirements of hash value disclosure and expert certification. It analyses the procedural safeguards mandated by recent judicial pronouncements and the practical challenges faced by investigators, lawyers, and courts in ensuring the authenticity and reliability of digital evidence.
India Litigation
Ka
Khurana and Khurana
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Arbitration & Dispute Resolution

Article
Supreme Court Holds Non-Signatory Shareholder A 'Veritable Party' Where Share Transfer Was Integral To Composite Transaction
In KKH Finvest Pvt. Ltd. & Anr. v. Ashiesh Shukla & Ors., the Supreme Court considered whether a shareholder who had not signed a Memorandum of Settlement containing an arbitration agreement could nevertheless be treated as a "veritable party" to that agreement and be referred to arbitration. The Court held that the absence of a signature was not determinative where the surrounding contractual framework and the non-signatory's performance demonstrated an intention to participate in, and be bound by, the composite transaction.
India Litigation
Trinity Chambers
Article
Delhi High Court Holds Delhi Is The Arbitral Seat Despite Exclusive Jurisdiction Clause In Favour Of Indore Courts
In VE Commercial Vehicles Limited vs. Singh Enterprises1, the Delhi High Court dealt with a petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") seeking constitution of an arbitral tribunal under a dealership agreement. The High Court held that a contractual stipulation that the place of arbitration "shall always be at Delhi" designated Delhi as the juridical seat, notwithstanding a separate clause conferring exclusive jurisdiction upon the Courts at Indore, since that clause was expressly made subject to the arbitration clause.
India Litigation
Trinity Chambers
Article
Delhi High Court Holds Receipt Of Signed Arbitral Award By Counsel Triggers Limitation Under Section 34
In Union of India v. M/s ISC-YUG (JV)1, the Delhi High Court considered whether petitions challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") were within limitation when the signed award had been collected by the petitioner's counsel, but was allegedly not delivered directly to the petitioner.
India Litigation
Trinity Chambers
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Court Procedure

Article
Demand – Limitation For Issuance Of Orders – Order ‘Issued’ Within Limitation Period But ‘Served’ Thereafter Is Legitimate
The Calcutta High Court has ruled on a critical distinction in GST proceedings regarding the timing requirements for demand orders under Section 73 of the CGST Act. When an order is digitally signed within the limitation period but uploaded to the portal after the statutory deadline, does this constitute a valid issuance or a procedural violation that invalidates the demand?
India Tax
LS
Lakshmikumaran & Sridharan
Article
Judicial Review Vs. Electoral Continuity: Understanding The Constitutional Balance
The Supreme Court of India reaffirmed the constitutional principle that judicial intervention must not disrupt ongoing electoral processes, dismissing a writ petition challenging the rejection of a Rajya Sabha nomination. The judgment reinforces that election-related disputes can only be challenged through election petitions after the electoral process concludes, maintaining the balance between judicial review and electoral continuity under Article 329(b) of the Constitution.
India Litigation
IL
IndiaLaw LLP
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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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