India: Litigation, Mediation & Arbitration

The rapid proliferation of artificial intelligence tools has generated pressing questions regarding the continued integrity of legal professional privilege.

International arbitration operates in an ethical gray zone when confronted with illegally obtained evidence. This paper examines whether arbitral tribunals possess the authority...

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.

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DSK Legal's August 2026 newsletter delivers comprehensive updates across multiple practice areas including capital markets, competition law, dispute resolution, employment law, infrastructure, international trade, media and entertainment, restructuring, sports and gaming, technology law, and white collar crime. The newsletter provides expert analysis and regulatory insights to help legal professionals and businesses navigate the evolving legal landscape across these diverse sectors.

The Calcutta High Court's ruling in Jainco Projects (India) Limited v. UCO Bank examines critical procedural questions surrounding SARFAESI appeals, specifically addressing the requirements for pre-deposit when One Time Settlement orders are involved. This decision has significant implications for borrowers challenging debt recovery actions and banks enforcing security interests under the SARFAESI Act.

This newsletter examines landmark Supreme Court rulings from July 2026 across arbitration, civil law, criminal procedure, insolvency, and white-collar crime. Key decisions address the limits of judicial intervention in arbitral proceedings, the scope of default bail under the new criminal code, and the interplay between insolvency moratoriums and consumer protection remedies.

Order XXI of the Code of Civil Procedure, 1908 provides the comprehensive framework for executing decrees in Indian civil litigation. This article examines the procedural mechanisms for decree execution, including filing execution petitions, methods of property attachment, and the legal processes for recovering money decrees through sale of attached assets.

The High Court of Punjab and Haryana through its judgment dated 20.07.2026 in Ajay Gupta and Another v. Can Bank Factors Limited dismissed a Petition filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedings under Sections 138 and 141 of the Negotiable Instruments Act, 1881 on the ground that insolvency proceedings had been initiated against the company under the IBC.

The Court of Appeal has ruled that ratifying the New York Convention does not automatically waive sovereign immunity in arbitral award enforcement proceedings. This decision clarifies the distinction between...

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...