India: Contracts and Commercial Law

In a recent ruling, the Supreme Court of India has cautioned against using criminal law to recover money in what is essentially a commercial dispute. A Bench of Justices Ujjal Bhuyan and Atul S. Chandurkar quashed a criminal case for cheating against two company directors, holding that the complainant’s grievance was “essentially civil in nature” and that continuing the prosecution would be an abuse of the process of the court.

Traditionally, anti-corruption laws were primarily focused on public officials who receive bribes rather than private entities who pay them. However, this paradigm has shifted significantly in recent years, with legislative changes in India creating direct liability for private companies involved in corrupt practices. This shift has made it imperative for private companies operating in India to implement robust anti-corruption compliance programs despite not being public authorities themselves.

Argus Partners maintains offices in Mumbai, New Delhi, and Bengaluru, providing legal services across India's major business centers. The firm operates under strict Bar Council of India guidelines regarding professional conduct and client engagement. Users accessing information about the firm must acknowledge specific terms regarding the non-solicitation nature of the website content.

Argus Partners maintains offices in three major Indian cities—Mumbai, Nariman Point; New Delhi, Okhla Industrial Area; and Bengaluru, Lavelle Road—providing legal services across key business hubs. The firm's website includes a mandatory disclaimer acknowledging Bar Council of India regulations prohibiting solicitation and advertising by advocates. Users must confirm they are seeking information independently and understand that website content does not constitute legal advice or create an attor

When a property developer enters insolvency proceedings under India's Insolvency and Bankruptcy Code, homebuyers who have invested their life savings face critical questions about their rights and remedies. This comprehensive analysis examines the legal framework governing builder insolvency, explaining how homebuyers are classified as financial creditors, their role in the Committee of Creditors, and the practical steps they must take to protect their interests through the Corporate Insolvency Resolution

In M/s ASJ Finsolutions Pvt. Ltd. v. Vikram Bajaj, the Supreme Court considered whether the Earnest Money Deposit (EMD) and other amounts paid by a successful bidder in a liquidation auction can be forfeited where the e-auction notice expressly so provides, even though the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 (the “Regulations”) do not expressly provide for forfeiture.

The Supreme Court, in KKH Finvest Pvt. Ltd. & Anr. v. Ashiesh Shukla & Ors., 2026 SCC OnLine SC 1498, has reaffirmed an important principle governing the reference of disputes involving non-signatories to arbitration. The Hon’ble Court held that the absence of a signature on an arbitration agreement is not, by itself, determinative of whether a person can be bound by the arbitration agreement.

Commercial disputes are experienced differently by different stakeholders. An in-house General Counsel may identify a business or operational concern that a litigating lawyer may not necessarily see, while an investor or business operator may approach an investment dispute differently from legal counsel.

The dispute in FW Aviation (Holdings) 1 Limited v VietJet Aviation Joint Stock Company1 has been decided through three substantial judgments of the English Commercial Court (“English Court”). Together, they address whether the aircraft leases were validly terminated, sums payable as a result of termination, and the extent to which damages could be claimed for losses arising from the condition, detention and delay in eventual export of the aircraft.