India: Arbitration & Dispute Resolution

Real estate disputes in India can be addressed through three primary forums: RERA, NCDRC, and NCLT. Each forum offers distinct mechanisms for homebuyers seeking redressal, from regulatory compliance and consumer protection to insolvency proceedings. Understanding the jurisdiction, scope, and appropriate application of each forum is crucial for effective dispute resolution in real estate transactions.

Argus Partners provides quick updates on various legal and regulatory developments across multiple practice areas including corporate law, finance, insolvency, arbitration, and technology. These brief snapshots help legal professionals stay informed about recent changes in Indian law without requiring in-depth analysis.

The case concerned an EPC contract for setting up a 225 MW gas based power station. The respondent, the operational creditor, claimed unpaid milestone payments along with suspension and demobilisation charges and initiated proceedings under Section 9 of the IBC.

Multiple appointments of the same arbitrator for a single corporate group can lead to the appearance of a conflict, even if none exists. This blog takes a critical look at disclosure obligations, institutional rules and specific appointments in construction, infrastructure, insurance and energy arbitration under Indian, English law.

Mumbai faces a striking contradiction: a rent-control law designed to protect both landlords and tenants has, through decades of administrative inertia, let down both. The Maharashtra Rent Control Act, 1999 (Act) created a fast-track framework for resolving possession disputes, bypassing ordinary civil-court delays. Yet enforcement remained fragmented and slow.

The emergence of blockchain technology has given rise to a new era in contractual relationships through the advent of smart contracts. These self‐executing digital instruments, governed by code on a decentralized ledger, promise efficiency, transparency, and security. Yet, their integration into traditional legal frameworks raises critical issues concerning enforceability, interpretation, and dispute resolution.

Document production in arbitration has traditionally been a contentious and resource-intensive phase, particularly in complex international commercial disputes. As arbitration solidifies its role as the preferred mechanism for resolving cross-border disputes, the imperative for efficient, transparent, and predictable disclosure procedures has become increasingly evident. In the Indian context, the arbitral landscape has undergone significant reform in recent years, with the enactment and amendment of the Arbitration and Conciliation Act, 19961, seeking to align domestic practices with internationally recognized standards.

An analysis of the Supreme Court’s decision in Pooja Ramesh Singh v. Jammu and Kashmir Bank Ltd, examining the consequences of fabricated AI-generated precedents for judicial discipline, professional responsibility and the rule of law.

This newsletter examines recent Supreme Court judgments across arbitration, civil law, criminal law, insolvency, and white-collar crime. Key rulings address the binding of non-signatories to arbitration agreements, the scope of "industry" under the Industrial Disputes Act, limitations on FIR registration following Section 156(3) rejections, and the evidentiary requirements for proving bribery demands under the Prevention of Corruption Act.