India: Litigation, Mediation & Arbitration

In accordance with the amended definition of the 'evidence', documentary evidence has been amended to include electronic records. The term 'electronic evidence' has been given the meaning as assigned in the IT act, which means 'data, record or data generated, image or sound stored, received or sent in an electronic form or micro file or computer generated micro fiche

The word "Evidence" is only used in Sections 244 to 246 of the Cr.P.C. / Sections 267 to 269 of BNNS and not used under Section 228 of the Cr.P.C. / Section 251 of BNNS...

Discovery under Civil Procedure means a pre-trial procedural aspect where each party is given an opportunity to obtain evidence from the opposite party or parties. The main purpose of discovery is to make the parties aware...

In a significant ruling that strengthens the enforceability of arbitration agreements in India, the Supreme Court in Glencore International AG vs. Shree Ganesh Metals & Anr. has clarified that the mere absence of a signature on an arbitration clause does not, by itself, render it invalid.

Section 21 of the Arbitration and Conciliation Act, 1996, exists at the nucleus of the arbitral process in India, providing the procedural anchor for the commencement of arbitration proceedings.

The Bombay High Court in Harkisandas Tulsidas Pabari & Anr. v. Rajendra Anandrao Acharya & Ors1.

In any litigation or court case, Civil or Criminal, the lawyer-client relationship is intricate. It is part exercise in teamwork and part close relationship requiring...

The Indian legal system permits the transfer of criminal trials in exceptional circumstances, primarily to ensure that justice is not only done but also seen to be done Under the Code of Criminal Procedure, 1973 (CrPC), ...

In a judgment dated 2nd September 2024 in Aditya Birla Fashion and Retail Ltd. v. Mrs. Saroj Tandon1, the Hon'ble Delhi High Court ("High Court") dealt with an important procedural question...

In a recent judgment, the Delhi High Court reaffirmed the principles of impartiality and procedural fairness in arbitration, holding that a party cannot invoke the protections of Section 12(5)...

In an era marked by globalization and economic integration, India stands as a beacon for foreign investors seeking lucrative opportunities.

International Arbitration Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries