Litigation Law, Mediation Law and Arbitration Law

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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
Post-Award Interim Protection Under Section 9 Of The Arbitration And Conciliation Act, 1996 Cannot Be Granted As A Matter Of Course To An Unsuccessful Party In Arbitration
The Bombay High Court in Oil and Natural Gas Corporation Limited v. Swiber Offshore Construction Pte Limited , held that post-award interim protection under Section 9 of the Arbitration and Conciliation Act, 1996, though maintainable at the instance of an unsuccessful party, cannot be granted as a matter of routine. An adverse award raises the threshold to exceptional and compelling circumstances beyond the ordinary prima facie case, balance of convenience and irreparable injury test.
India Litigation
MM
M Mulla Associates
Article
Emergency Arbitration In India: Background And Emerging Trends
Arbitration is known to be a preferred mechanism for dispute resolution in comparison to court proceedings. One of the many reasons arbitration is preferred to court proceedings is time efficiency. Arbitration stakeholders globally recognise the need for expedited outcomes and often advocate the necessity for further enhancing arbitration processes with newer expedited arbitration mechanisms.
India Litigation
DD
Dhir & Dhir Associates
Article
Boundaries Of Party Autonomy In Arbitrations Under The Indian Arbitration And Conciliation Act, 1996
Party autonomy—understood as the freedom of commercial actors to determine the framework, rules, forum, and process for resolving their disputes—is widely recognised as the organising principle of contemporary arbitration. Unlike court adjudication, where procedural rules, judicial forums, and adjudicators are prescribed by statute, arbitration empowers parties to craft a dispute-resolution mechanism that aligns with their commercial needs and the dynamics of the underlying transaction.
India Litigation
ML
MZM Legal
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Article
SC Directs NCLAT To Expedite Hearing Of Competition Appeal Amid Repeated Adjournments
Velusamy Karuppannan (the ‘Informant’), a software professional, alleged before the CCI that AVEVA Group Limited and its Indian subsidiaries (collectively, ‘AVEVA’) contravened Sections 3(4) and 4 of the Act by abusing its dominant position in the market for industrial automation software (Manufacturing Execution Systems (‘MES’), Supervisory Control and Data Acquisition (‘SCADA’), and Historian) through: (i) coercing customers into the AVEVA Flex Subscription model and hiding perpetual licenses, driving higher prices and minimum credit commitments...
India Anti-trust
AP
AZB & Partners
Article
Enforcement Of Maintenance Orders Against An Absconding Judgment Debtor
The Delhi High Court’s judgment in Jyoti Singh & Anr. v. State Govt. of NCT of Delhi & Ors., decided on 29 September 2026, addresses whether maintenance proceedings can be defeated when the judgment debtor cannot be traced. The Court held that a claimant’s inability to provide the debtor’s current address is not, by itself, a reason to dismiss execution proceedings. Courts must use available legal mechanisms to trace the debtor and enforce the order.
India Litigation
IL
IndiaLaw LLP
Article
Whether Arbitration Has Proven To Be An Alternative To Court Litigation?
When commercial negotiations fail, parties face a critical choice: pursue traditional court litigation or opt for arbitration. India's Arbitration and Conciliation Act, 1996 established a comprehensive framework for alternative dispute resolution, but has arbitration truly delivered on its promise as an effective alternative? This analysis examines the practical realities, statutory provisions, and comparative advantages of arbitration versus conventional litigation in the Indian legal system.
India Litigation
AL
Anhad Law
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Article
Post-Award Interim Protection Under Section 9 Of The Arbitration And Conciliation Act, 1996 Cannot Be Granted As A Matter Of Course To An Unsuccessful Party In Arbitration
The Bombay High Court in Oil and Natural Gas Corporation Limited v. Swiber Offshore Construction Pte Limited , held that post-award interim protection under Section 9 of the Arbitration and Conciliation Act, 1996, though maintainable at the instance of an unsuccessful party, cannot be granted as a matter of routine. An adverse award raises the threshold to exceptional and compelling circumstances beyond the ordinary prima facie case, balance of convenience and irreparable injury test.
India Litigation
MM
M Mulla Associates
Article
Emergency Arbitration In India: Background And Emerging Trends
Arbitration is known to be a preferred mechanism for dispute resolution in comparison to court proceedings. One of the many reasons arbitration is preferred to court proceedings is time efficiency. Arbitration stakeholders globally recognise the need for expedited outcomes and often advocate the necessity for further enhancing arbitration processes with newer expedited arbitration mechanisms.
India Litigation
DD
Dhir & Dhir Associates
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Article
No-Fault Compensation For Vaccine-Related Injuries: Constitutional Obligations Under The Right To Health
This article examines the constitutional and policy case for establishing a no-fault compensation mechanism for vaccine-related injuries in India. Drawing on the right to health under Article 21 and experiences from mass public health interventions, it analyses the rationale, design considerations, and implementation challenges of such a scheme.
India Healthcare
Ka
Khurana and Khurana
Article
Roadway Solutions India Infra Limited vs National Highways Authority Of India
The Court confined the Section 9 proceedings to the Petitioner’s prayer seeking restraint against the Respondent from acting upon the Notice of Intention to Terminate dated 16.07.2026. It reiterated that Section 9 is protective in nature and aims to preserve the subject matter of arbitration and prevent the proceedings from becoming infructuous. Interim relief depends upon a prima facie case, balance of convenience and irreparable injury.
India Government
HA
HSA Advocates
Article
Supreme Court Upholds Survival Of Medical Negligence Claims Against A Deceased Doctor's Estate
In a significant ruling, the Supreme Court in Kumud Lall v. Suresh Chandra Roy held that the death of an alleged negligent doctor does not automatically extinguish a medical negligence claim against him. The Court held that claims relating to medical expenses and other pecuniary losses may survive against the deceased doctor's estate, whereas purely personal claims (against causing pain and suffering and other personal injuries) may not survive.
India Litigation
LO
LexCounsel Law Offices
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