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
Mere General Reference To Tender Documents Does Not Incorporate An Arbitration Clause Into The Contract
In a recent ruling , the Supreme Court examined whether a Letter of Intent (LOI), read together with tender documents containing an arbitration clause, was sufficient to constitute a concluded contract and a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The appeal arose from an order of the Bombay High Court appointing a sole arbitrator under Section 11 of the Act.
India Litigation
C
Clasis Law
Article
From Perkins To Bhadra: The Rule Of Protection Against Unilateral Appointments
The Supreme Court’s decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 INSC 6 finally settles the long-standing debate around unilateral appointment of arbitrators. For practitioners, the judgment is significant not because it introduces new law, but because it decisively closes the escape routes that were frequently relied upon to defend such appointments. The Court makes it clear that neutrality in arbitration begins at the stage of appointment, and not after proceedings have commenced.
India Litigation
SL
Samagra Law
Article
Supreme Court On Section 21: Arbitration Commences With Notice
The Supreme Court has drawn a clear and decisive line on a question that has repeatedly troubled Section 9 litigation: when does arbitration truly begin? In a firm reaffirmation of statutory principle, the Court in Regenta Hotels Pvt. Ltd. Vs. M/s Hotel Grand Centre Point & Ors. (2026 INSC 32) held that arbitral proceedings commence upon the Respondent’s receipt of a notice invoking arbitration under Section 21 of the Act.
India Litigation
SL
Samagra Law
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EF
Enforcement of Foreign Judgments
LD
Litigation Dispute Resolution
IA
International Arbitration

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
Mere General Reference To Tender Documents Does Not Incorporate An Arbitration Clause Into The Contract
In a recent ruling , the Supreme Court examined whether a Letter of Intent (LOI), read together with tender documents containing an arbitration clause, was sufficient to constitute a concluded contract and a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The appeal arose from an order of the Bombay High Court appointing a sole arbitrator under Section 11 of the Act.
India Litigation
C
Clasis Law
Article
From Perkins To Bhadra: The Rule Of Protection Against Unilateral Appointments
The Supreme Court’s decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 INSC 6 finally settles the long-standing debate around unilateral appointment of arbitrators. For practitioners, the judgment is significant not because it introduces new law, but because it decisively closes the escape routes that were frequently relied upon to defend such appointments. The Court makes it clear that neutrality in arbitration begins at the stage of appointment, and not after proceedings have commenced.
India Litigation
SL
Samagra Law
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Court Procedure

Video
SARFAESI Appeals & Pre-Deposit: Calcutta High Court On OTS Orders | Podcast Bites (Video)
The Calcutta High Court's ruling in Jainco Projects (India) Limited v. UCO Bank examines critical procedural requirements for SARFAESI appeals, specifically addressing the interplay between One Time Settlement orders and mandatory pre-deposit provisions. This decision clarifies when borrowers can challenge debt recovery actions and what financial obligations must be met before appellate tribunals will hear their cases.
India Finance
IL
IndiaLaw LLP
Article
No GST On Assignment Of Leasehold Rights In Land And Building – Supreme Court Dismisses Department’s Appeal
The Supreme Court of India has dismissed the Revenue department's appeal against a Gujarat High Court ruling that held assignment of leasehold rights of industrial plots and buildings is not subject to GST. The High Court had determined that such transfers constitute immovable property transactions rather than taxable services, applying principles from the previous service tax regime to the current GST framework.
India Tax
LS
Lakshmikumaran & Sridharan
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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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