India: Litigation, Mediation & Arbitration

International arbitration operates in an ethical gray zone when confronted with illegally obtained evidence. This paper examines whether arbitral tribunals possess the authority...

This article examines the legal framework governing the admissibility of electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023, with particular reference to the requirements of hash value disclosure and expert certification. It analyses the procedural safeguards mandated by recent judicial pronouncements and the practical challenges faced by investigators, lawyers, and courts in ensuring the authenticity and reliability of digital evidence.

In-house counsel employed by corporations are not entitled to attorney-client privilege due to their employment status and lack of professional independence, says the Supreme Court

One of the principal advantages of arbitration is its ability to deliver a final and binding resolution without becoming entangled in the multiple layers of procedural litigation that often characterize traditional court proceedings. However, that objective can be undermined when parties repeatedly approach courts at various stages of the arbitral process, challenging interim decisions before a final award is rendered.

Picture this: Two companies from the same conglomerate i.e., one being the parent and one being its subsidiary, sit alongside in a contract negotiation with a customer. The subsidiary signs the contract but the parent company doesn’t. However, it’s the parent company’s executives who show up at every meeting, its team manages the project on the ground, and it sends assurances of services when the subsidiary is unable to perform the contract.

Commercial contracts are fundamentally structured around the expectation of profit, yet disputes frequently arise when anticipated returns fail to materialize due to breach, delay, or termination. This article examines the legal framework governing contractual claims for lost profits in India, distinguishing between direct profit losses from prevented completion and diminished profitability from delayed performance or missed opportunities. Through analysis of recent jurisprudence and practical illustrations

Commercial contracts are fundamentally structured around the expectation of profit, yet disputes frequently arise when anticipated returns fail to materialize due to breach, delay, or termination. This article examines the legal framework governing contractual claims for lost profits in India, distinguishing between direct profit losses from prevented completion and diminished profitability from delayed performance or missed opportunities. Through analysis of recent jurisprudence and practical illustrations

The Goods and Services Tax Appellate Tribunal's Principal Bench has begun operations, but jurisdictional boundaries between it and State Benches remain unclear. Recent contradictory orders reveal uncertainty about when the Principal Bench can hear appeals that don't fall within its statutorily designated categories, raising critical questions for taxpayers seeking timely appellate remedies.

The National Company Law Appellate Tribunal overturned a Competition Commission of India decision that had penalized Grasim Industries approximately INR 300 crore for alleged abuse of dominance in the Viscose Staple Fibre market. The tribunal found that CCI violated natural justice principles by disagreeing with investigation findings without providing notice or hearing to Grasim, leading to a complete remand of the matter.

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.

Our Partner, Sidharth Sethi, was invited as a speaker by the Department of Legal Affairs, Ministry of Law & Justice (DLA MoL&J) and the India International Arbitration Centre...

The Hon'ble Delhi High Court in A2Z Infra Engineering Ltd. v. ITI Ltd.1 granted urgent interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 ("ACA") restraining ITI from termination an Annual Maintenance Contract ("AMC") linked to a BSNL telecom project. The Court