India: Disclosure & Electronic Discovery & Privilege

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...

The Draft Arbitration and Conciliation Bill, 2024 ("Amendment 2024"), seeks to reform India's arbitration system, which has faced criticism for adopting the UNCITRAL Model without sufficient adaptation to the Indian legal context.

Since 2017, India has increasingly implemented tariff and non-tariff barriers, impacting its participation in international trade.

The intersection between arbitration law and the Indian Stamp Act has long sparked legal debate and uncertainty. This complex interplay recently gained renewed clarity following the Supreme Court's landmark seven-judge...

In a noteworthy decision that advances the use of electronic evidence in quasi-criminal proceedings, the Bombay High Court (Aurangabad Bench) held that a wife can be compelled to furnish her voice sample...

The pre-institution mediation under Section 12A of The Commercial Courts Act, 2015 ("the Act") has emerged as a significant pre-requisite in commercial disputes.

According to the Code of Civil Procedure, in civil cases, the trial judicial process begins with the filing of a plaint wherein the plaintiff lays down the grievances and the prayer sought for.

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

The intricacies involving the principle of sovereign immunity from the lens of enforcement in arbitral proceedings have been dealt for the first time by the Hon'ble Delhi High Court...