India: Contracts and Commercial Law

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Article
Assessing The Viability Of An Appellate Arbitral Tribunal In India
The proposal to introduce an Appellate Arbitral Tribunal (AAT) into India’s arbitration architecture, most prominently reflected in the Draft Arbitration & Conciliation (Amendment) Bill, 2024, has rekindled debate over the proper balance between party autonomy, finality, institutional quality, and judicial supervision. Proponents portray an AAT as an institutional innovation that would enhance the quality of awards, promote consistency, and reduce the burden on courts. Critics warn that an appellate layer risks destroying arbitration’s comparative advantage by permitting merits review, increasing costs and delay, and departing from the international norm of limited judicial interference.
India Litigation
ML
MZM Legal
Article
Bar On Extension Of Insurance Cover Without Premium: The Supreme Court On The "Statutory Embargo" Under Section 64VB In New India Assurance Co. Ltd. Vs. Louis Dreyfus Commodities India Pvt. Ltd.
The Supreme Court, in the case of New India Assurance Co. Ltd. & Ors. vs. M/s Louis Dreyfus Commodities India Pvt. Ltd. (2026 INSC 876) ('New India Assurance vs. Louis Dreyfus'), has held that where an insurance policy covers turnover on a running annual basis, the insurer cannot be held liable for a loss that occurs after the insured's actual turnover has exceeded the turnover for which premium has already been paid, even where the policy itself is expressed as an annual turnover based cover.
India Insurance
KS
King, Stubb & Kasiva
Article
No Appeal Beyond Section 37: Bombay High Court Holds That The Commercial Courts Act Cannot Provide An Alternative Appellate Route To Challenge An Order Recording Satisfaction Of An Arbitral Award In Execution Proceedings
The Hon’ble Bombay High Court (“High Court”) in its judgment dated 20.07.2026 in Reliance Asset Reconstruction Co. Ltd. vs. Hiroo Hotchand Advani (Commercial Appeal (L) Nos. 14725 and 15441 of 2026), provided much needed clarity on a pertinent issue, being, whether a party aggrieved by an executing court's order in arbitration proceedings can appeal that order under the Commercial Courts Act, 2015 (“CCA”), or whether the right of appeal depends on the order fitting within the narrow categories carved out under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”).
India Litigation
KS
King, Stubb & Kasiva
Article
Maharashtra Introduces A Dedicated Stamp Duty Regime For Bank And Financial Guarantees
The Maharashtra Stamp (Fourth Amendment) Act, 2026 introduces a new dedicated stamp duty framework for financial and bank guarantees in Schedule I of the Maharashtra Stamp Act, 1958. This amendment establishes differentiated duty rates based on guarantee value and type, addressing long-standing ambiguities in how such instruments were previously taxed under generic security bond provisions. The reform has significant implications for banks, NBFCs, and entities dealing with government contracts, though quest
India Finance
A
Acuity Law
Article
The Backdoor IPO Returns: Reverse Mergers And The New Route To Listing In India
For decades, the route from private enterprise to the public markets in India has followed a familiar script: an initial public offering, backed by diligence and disclosure, tested through price discovery and completed through admission to trading. That remains the conventional path, and for businesses seeking substantial primary capital and independent price discovery, it is often the right one but it is not the only one.
India Commercial
LegaLogic
Article
Drafting For An Exit That May Fail
An exit clause may look complete because it specifies a date, a return and a payment formula. It may nevertheless be unworkable if, when performance falls due, the proposed exit cannot lawfully be implemented or a third-party approval halts such exit that the documents do not adequately address. The problem is not confined to any particular instrument, way of drafting or transaction structure. Unless the documents identify and allocate those constraints when the exit is negotiated, structured investments, deferred consideration, earn-outs, put and call arrangements, third-party dependent exits and consent-dependent distributions can turn a promised commercial outcome into a performance dispute.
India Commercial
CP
Corporate Professionals
Article
No Sailing In Two Boats: Electing Remedy For Refund Strips A Home Buyer Of The Financial Creditor Tag
Argus Partners operates offices in three major Indian cities - Mumbai, New Delhi, and Bengaluru - providing legal services across the country. The firm maintains a professional presence with strategically located offices in key business districts including Nariman Point, Okhla Industrial Area, and Lavelle Road. Contact information and physical addresses are provided for each location to facilitate client communication and engagement.
India Commercial
AP
Argus Partners
Article
The Limitation Clock On Money Recovery: Understanding Article 113, Acknowledgment And Extension Under Indian Law
Understanding the critical timelines and legal frameworks governing money recovery suits in India requires navigating the complex interplay between the Limitation Act of 1963 and the Indian Contract Act of 1872. When does the clock actually start ticking on your right to sue, and how can acknowledgments or digital evidence extend or restart that crucial three-year window?
India Litigation
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
How Businesses Can Comply With India’s Data Protection Laws?
Businesses in India now need to treat privacy as an operational and governance issue, not simply a matter of publishing a privacy policy. Business privacy requirements increasingly affect how organisations collect customer information, manage employee records, use software vendors, respond to data requests and handle security incidents. The Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025 form the central framework, while sector specific regulations and cyber security requirements can also apply.
India Commercial
MH
Mansukhlal Hiralal & Co.
Article
Taxability Of Corporate Guarantees Under GST Laws: Analysis Of The Recent Gujarat High Court Decision In Torrent Power Ltd. v Union Of India
The issue of taxability of corporate guarantees issued by a holding company to a financial institution for the benefit of its subsidiary company emerged as one of the most contentious issues in the Goods and Services Tax (GST) regime pursuant to the introduction of the levy in 2023. The controversy centers on a fundamental question: when a holding company furnishes a corporate guarantee, without charging any fee from its subsidiary company, to a bank to enable its subsidiary to secure credit facilities, does such activity constitute a taxable “supply of services” under the Central Goods and Services Tax Act, 2017 (CGST Act)?
India Tax
KC
Khaitan & Co LLP
Article
Bombay High Court Allows Refund Of Stamp Duty Paid On Cancelled Development Agreement
The Bombay High Court has ruled on whether stamp duty can be refunded when a Development Agreement is cancelled before achieving its purpose, addressing critical questions about the interpretation of possession clauses and limitation periods under the Maharashtra Stamp Act. The judgment clarifies the distinction between substantive entitlement to refund under Section 47 and procedural time limits under Section 48, while examining how contractual licence provisions should be read in context with possession c
India Real Estate
MH
Mansukhlal Hiralal & Co.
Article
The Connected-Vehicle Audit Mandate: Securing Firmware, Telematics And FOTA Loops Across Auto Supply Chains
A connected-vehicle, an automobile equipped with internet access, onboard sensors, and telematics systems that enable it to continuously share and receive data with cloud platforms, external devices, road infrastructure, or other vehicles, risk’s often becomes visible when a new platform reaches homologation, i.e., official regulatory approval, and an auditor asks for evidence that the manufacturer cannot produce.
India Media & IT
AA
Agama Law Associates
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