India: Litigation, Mediation & Arbitration

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.

In-house counsel employed by corporations are not entitled to attorney-client privilege due to their employment status and lack of professional independence, says the Supreme Court

The recent judgement of the Supreme Court of India in Re: Summoning Advocates who give legal opinion is not merely a legal ruling; it is a profound jurisprudential restatement of the very foundations of a robust justice delivery system.

Section 31(7) of the Arbitration and Conciliation Act, 1996 (“the Act”) governs arbitrator's power to award interest. Section 31(7)(a) covers pre-award/pendente lite interest (subject to party agreement), while section 31(7)(b) covers post-award interest. Courts have consistently held that these provisions operate separately, with arbitrator having absolute discretion while awarding future interest however, bound by parties’ agreement (if any) with respect to pre- award period.

Where the question of pursing a constitutional remedy is involved and invocation of writ jurisdiction is traceable to Article 226(1), the doctrine of forum non conveniens may rarely apply.

The English High Court clarified operation of section 45, under which courts may be asked to make a preliminary determination on a point of law, and highlighted the procedural consequences of choosing an English seat.

The Karnataka High Court examined whether healthcare services provided by a medical enterprise to patients through a contractual arrangement with another hospital qualify for GST exemption. The Revenue department argued for an 18% tax rate, while the assessee claimed exemption under healthcare service provisions. The Court's decision hinged on interpreting the legislative intent behind healthcare exemptions and determining whether service classification should follow contractual form or substantive nature.

This podcast episode examines the intricate legal framework governing the enforcement of foreign court judgments and decrees in Indian courts. Advocate Brian Noronha analyzes the landmark Supreme Court ruling in Griesheim GMBH v. Goyal MG Gases (P) Ltd., exploring the specific procedural requirements and legal mechanisms that international litigants must navigate when seeking enforcement in India.

The Supreme Court of India and High Courts deliver significant rulings on arbitration, criminal procedure, land acquisition, and GST matters. Key decisions address incorporation of arbitration clauses by reference, mandatory pre-cognizance hearings under BNSS, execution of specific performance decrees, limitation periods for challenging arbitral awards, and GST applicability on leasehold rights assignments.

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.

Our Partner, Sidharth Sethi, was invited as a speaker by the Department of Legal Affairs, Ministry of Law & Justice (DLA MoL&J) and the India International Arbitration Centre...

The Hon'ble Delhi High Court in A2Z Infra Engineering Ltd. v. ITI Ltd.1 granted urgent interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 ("ACA") restraining ITI from termination an Annual Maintenance Contract ("AMC") linked to a BSNL telecom project. The Court