India: Litigation, Mediation & Arbitration

In accordance with the amended definition of the 'evidence', documentary evidence has been amended to include electronic records. The term 'electronic evidence' has been given the meaning as assigned in the IT act, which means 'data, record or data generated, image or sound stored, received or sent in an electronic form or micro file or computer generated micro fiche

The word "Evidence" is only used in Sections 244 to 246 of the Cr.P.C. / Sections 267 to 269 of BNNS and not used under Section 228 of the Cr.P.C. / Section 251 of BNNS...

Discovery under Civil Procedure means a pre-trial procedural aspect where each party is given an opportunity to obtain evidence from the opposite party or parties. The main purpose of discovery is to make the parties aware...

The Indus Waters Treaty, 19601, has been in the news of late. Most discussions have revolved around India's decision to put the Treaty in abeyance following the Pahalgam terrorist attack.

The case revolves around provisions under Section 125 of the Criminal Procedure Code (Cr.P.C.), which mandates maintenance for legally wedded wives and minor children when neglected...

The enforceability of exclusive jurisdiction clauses has long been a subject of judicial scrutiny in India. These clauses, while common in commercial agreements, raise sharper questions in the employment context.

Relying on Section 7 of the Arbitration Act, the Court emphasized that while an arbitration agreement must be in writing (Section 7(3)), it need not be signed if acceptance is demonstrated through written communications such as emails, performance, invoices, or other documentary records.

The Supreme Court of India in Malleeswari v. K. Suguna & Anr. (2025 INSC 1080, decided on 8 September 2025) delivered a significant judgment that touches on two pillars of Indian property law...

I have watched several episodes of the series Suits in which US Courts issue Temporary Restraining Orders (TROs) being emergency orders often granted ex-parte (without the respondent's present)...

In a recent judgment, the Delhi High Court reaffirmed the principles of impartiality and procedural fairness in arbitration, holding that a party cannot invoke the protections of Section 12(5)...

In an era marked by globalization and economic integration, India stands as a beacon for foreign investors seeking lucrative opportunities.

International Arbitration Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries