India: Contracts and Commercial Law

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Article
Finality Without Borders: The Supreme Court Of India Embraces Transnational Issue Estoppel In Foreign Award Enforcement
In Nagaraj V. Mylandla v. PI Opportunities Fund-I & Ors. [Special Leave Petition (Civil) Nos. 31866-68 of 2025] (‘Nagaraj V. Mylandla Case’), the Supreme Court of India grappled for the first time with the doctrine of ‘transnational issue estoppel’. Its endorsement of the doctrine in the context of enforcement proceedings under Section 48 of the Arbitration and Conciliation Act, 1996 (‘the Arbitration Act’) places India squarely within a growing international consensus: awards that have withstood challenge at the seat should not be relitigated on the merits at the enforcement stage.
India Litigation
SO
S&A Law Offices
Article
Judicial Restraint And Expertise: Key Takeaways From The Supreme Court’s Judgment In M/S Steag Energy Services (India) Pvt Ltd V GSPC Pipavav Power Company Ltd (2026)
The Supreme Court of India has delivered a landmark ruling that redefines the boundaries of judicial intervention in commercial procurement processes. In a dispute involving the operation and maintenance contract for a gas-based power plant, the Court examined whether courts can substitute their judgment for technical evaluators when reviewing tender awards, and what standards must govern such review.
India Commercial
IL
IndiaLaw LLP
Article
Boundaries In Section 9 IBC Applications: Analysing GLS Films Industries v. Chemical Suppliers
The Supreme Court of India has delivered a landmark ruling clarifying the threshold for rejecting insolvency applications under Section 9 of the Insolvency and Bankruptcy Code, 2016. In GLS Films Industries Private Limited v. Chemical Suppliers India Private Limited, the apex court addressed whether appellate tribunals can conduct mini-trials to evaluate the merits of pre-existing disputes, or whether they must simply confirm the existence of a plausible dispute. This judgment reinforces critical safeguards
India Insolvency
IL
IndiaLaw LLP
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