Asia: Litigation, Mediation & Arbitration

This decision is a reminder of the steps which need to be taken and criteria to be satisfied in order to successfully rely on the defences of honest opinion, statutory qualified privilege and justification under the Defamation Act 2005.

The key takeaway from this case is that making specific assertions concluding upon the lawfulness of another's actions is fraught.

Social media posts can lead to legal liability, particularly when statements blur the line between fact & opinion or make unsubstantiated allegations about misconduct.

The Supreme Court through its judgment dated 01.04.2026 in Rajiv Gaddh v. Subodh Parkash , held that a party abandoning earlier arbitral proceedings cannot subsequently file a fresh application under Section 11 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) on the same cause of action.

The Latin maxim “secundum allegata et probata” lays a fundamental rule of civil litigation, and it means that a case should be decided on what is pleaded and what is proved or according to the pleadings and proof.

A New South Wales Court of Appeal decision examines whether an unpainted speed hump in a carpark constitutes an obvious risk when all other tripping hazards were marked with yellow paint. The case explores the duty to warn under section 5H of the Civil Liability Act 2002 (NSW) and establishes important principles for occupiers regarding consistency in hazard marking.

The National Company Law Appellate Tribunal delivered a landmark ruling on whether credit facilities restructured under RBI guidelines retain their secured status during liquidation proceedings without corresponding modification of charge registration. The judgment addresses the complex interplay between corporate debt restructuring, charge registration requirements under company law, and the insolvency resolution framework, establishing critical precedents for consortium lending practices.

The NSW Supreme Court's decision in ISPT Pty Ltd v Chief Commissioner of State Revenue addresses whether a taxpayer's acquisition of a 19.46% interest in a private landholding unit trust must be aggregated with a previously acquired 75.8% interest obtained when the trust was still a public landholder.

The SC in State Bank of India v. Union of India[1] held that spectrum allocated to telecom service providers (‘TSPs’) and recorded in their books as an ‘asset’ cannot be subjected...

The Supreme Court of India ("Supreme Court") in the case of State Bank of India vs. Amit Iron Private Limited has clarified that borrowers do not have a vested right to a personal or oral hearing before their loan accounts are classified as fraud under the fraud directions issued by the Reserve Bank of India ("RBI").

A senior partner at a global law firm is sitting with a forensic team, discussing a high-stakes investigation. There are millions of documents to review, timelines are tight, and regulatory pressure is building.

The Division Bench of the Bombay High Court has referred to the Larger Bench the question of issuance of consolidated show cause notices by the Revenue department for multiple financial years/tax periods.