India: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Whether Arbitration Has Proven To Be An Alternative To Court Litigation?
When commercial negotiations fail, parties face a critical choice: pursue traditional court litigation or opt for arbitration. India's Arbitration and Conciliation Act, 1996 established a comprehensive framework for alternative dispute resolution, but has arbitration truly delivered on its promise as an effective alternative? This analysis examines the practical realities, statutory provisions, and comparative advantages of arbitration versus conventional litigation in the Indian legal system.
India Litigation
AL
Anhad Law
Article
Section 37 Appeal Cannot Be Remitted To Arbitral Tribunal To Be Treated As A Section 17 Application Even By Consent: Supreme Court
In Union of India & Ors. v. Hariom Projects Pvt. Ltd. [2026 INSC 1044], the Supreme Court considered whether a High Court, while exercising appellate jurisdiction under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") against rejection of an application under Section 9, could by consent of the parties remit the appellate proceedings to a subsequently constituted arbitral tribunal and direct the tribunal to treat those proceedings as an application under Section 17.
India Litigation
Trinity Chambers
Article
Unilateral Appointment Of Sole Arbitrator Contrary To Agreed Procedure Is Invalid Even In Pre-2015 Amendment Arbitrations: Delhi High Court
In Tarsem Jain v. Bharat Forge Limited and Anr. [2026:DHC:8624-DB], the Delhi High Court considered whether a sole arbitrator unilaterally appointed by one party, contrary to the appointment mechanism contained in the contract and Section 11 of the Arbitration and Conciliation Act, 1996, could be sustained because the other parties subsequently participated in the arbitral proceedings.
India Litigation
Trinity Chambers
Article
Monthly Newsletter Arbitration - September 2026
The appellant challenged the impugned order passed by the Hon’ble High Court u/s 37(2)(a) of the Arbitration and Conciliation Act, 1996 (“Act”) whereby the High Court affirmed the order dated 23.10.2024 passed by the Ld. Sole Arbitrator directing the deletion of respondent nos. 2, 3, 5 and 7 from the array of parties to the arbitral proceedings, on the finding that they were non-signatories to the agreements in their personal capacities.
India Litigation
PL
Phoenix Legal
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Related Country Guides

EF
Enforcement of Foreign Judgments
IA
International Arbitration
LD
Litigation Dispute Resolution

Disclosure & Electronic Discovery & Privilege

Article
Supreme Court Reaffirming Principles Of Attorney-client Privilege - A Thorough Analysis Of The Recent Judgment In Re Summoning Advocates Who Give Legal Opinion Or Represent Parties During Investigation Of Cases And Related Issues
In a landmark judgment delivered on 31.10.2025, the Hon’ble Supreme Court of India has fortified the bedrock principle of attorney-client privilege while delineating clear boundaries for investigative agencies seeking to summon advocates.
India Litigation
ML
MZM Legal
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Arbitration & Dispute Resolution

Article
Whether Arbitration Has Proven To Be An Alternative To Court Litigation?
When commercial negotiations fail, parties face a critical choice: pursue traditional court litigation or opt for arbitration. India's Arbitration and Conciliation Act, 1996 established a comprehensive framework for alternative dispute resolution, but has arbitration truly delivered on its promise as an effective alternative? This analysis examines the practical realities, statutory provisions, and comparative advantages of arbitration versus conventional litigation in the Indian legal system.
India Litigation
AL
Anhad Law
Article
Section 37 Appeal Cannot Be Remitted To Arbitral Tribunal To Be Treated As A Section 17 Application Even By Consent: Supreme Court
In Union of India & Ors. v. Hariom Projects Pvt. Ltd. [2026 INSC 1044], the Supreme Court considered whether a High Court, while exercising appellate jurisdiction under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") against rejection of an application under Section 9, could by consent of the parties remit the appellate proceedings to a subsequently constituted arbitral tribunal and direct the tribunal to treat those proceedings as an application under Section 17.
India Litigation
Trinity Chambers
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Court Procedure

Article
Whether Arbitration Has Proven To Be An Alternative To Court Litigation?
When commercial negotiations fail, parties face a critical choice: pursue traditional court litigation or opt for arbitration. India's Arbitration and Conciliation Act, 1996 established a comprehensive framework for alternative dispute resolution, but has arbitration truly delivered on its promise as an effective alternative? This analysis examines the practical realities, statutory provisions, and comparative advantages of arbitration versus conventional litigation in the Indian legal system.
India Litigation
AL
Anhad Law
Article
Passport Is A Civil Document, Mere Pendency Of Criminal Case Prima Facie Not Ground To Withhold It: Allahabad High Court
In Mohd. Aftab v. Union of India and others, the Allahabad High Court, by an interim order dated September 14, 2026, observed that passport authorities have, prima facie, no business denying a passport merely because a criminal case is pending against the applicant. The Bench of Justice J.J. Munir and Justice Indrajeet Shukla also clarified that holding a passport does not give a person a spontaneous passage across borders.
India Criminal
IL
IndiaLaw LLP
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Sovereign Immunity: Public Sector Government

Article
IBC Updates - April 2026
A Decree Holder seeks to execute an arbitral award of ₹385 crore through attachment and sale of properties, while Judgment Debtors argue they are undergoing Personal Insolvency Resolution Process under IBC, 2016. The central question is whether execution proceedings can continue when the statutory moratorium has expired but insolvency proceedings remain active, and whether this would grant preferential treatment disrupting the proposed repayment plan.
India Insolvency
HS
Hammurabi & Solomon
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Latest Videos

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