India: Trials & Appeals & Compensation

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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
HSA | Dispute Resolution & Arbitration Monthly Update | June 2026
The Supreme Court of India and High Courts deliver significant rulings on arbitration, criminal procedure, land acquisition, and GST matters. Key decisions address incorporation of arbitration clauses by reference, mandatory pre-cognizance hearings under BNSS, execution of specific performance decrees, limitation periods for challenging arbitral awards, and GST applicability on leasehold rights assignments.
India Litigation
HA
HSA Advocates
Article
From Relevant Turnover To Global Turnover: Rethinking Penalty Calculation Under The Competition Act, 2002
Apple Inc. (Apple) has moved the Delhi High Court challenging how penalties are calculated under India's revamped competition law framework. The challenge stems from an ongoing antitrust investigation into Apple's App Store practices in India. Complaints from app developers, including Match Group, alleged that Apple's restrictions on in-app payments and distribution unfairly disadvantage competitors and developers
India Anti-trust
SA
Shardul Amarchand Mangaldas & Co
Article
Global Arbitration Review For Litigation 2026
India follows a common law system where the civil court structure is defined and governed by the Code of Civil Procedure 1908 (CPC). The hierarchy of civil courts begins with the civil judge (Junior division)/Munsiff courts followed by a civil judge (Senior Division), district courts at the district level. The supervisory jurisdiction over all district courts in a state vests with the High Court having jurisdiction over such state. At the pinnacle, is the Supreme court of India – which is the country’s highest constitutional court.
India Litigation
SA
Sarthak Advocates & Solicitors
Article
Section 223 BNSS Applies Even To Pre-BNSS PMLA Complaints Where Cognizance Is Taken Post-BNSS; Hearing Before Taking Cognizance Mandatory: Supreme Court
In Parvinder Singh vs. Directorate of Enforcement, 2026 INSC 519, the Supreme Court delivered an important ruling clarifying the scope and effect of the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), holding that an accused must be afforded an opportunity of hearing before cognizance is taken on a complaint and that non-compliance with such requirement renders the proceedings void ab initio even in money laundering matters.
India Government
VA
Vaish Associates Advocates
Article
Post-Award Corrections Under Section 33 Of The Arbitration Act: Drawing The Line Between Correction And Modification
One of the defining features of arbitration is the finality of the arbitral award. Parties choose arbitration as an alternative to conventional litigation largely because it offers efficiency, autonomy and a conclusive resolution of disputes. However, like any adjudicatory process, arbitral awards may occasionally contain clerical mistakes, computational inaccuracies or typographical errors that require correction after the award has been rendered.
India Litigation
KS
King, Stubb & Kasiva
Article
Trademarks – Transborder Reputation And Establishment Of Goodwill In India – SC Decision In Prius Distinguished
The Delhi High Court has ruled on a trademark dispute involving the mark ALPHARD, examining whether transborder reputation and unsolicited imports of luxury vehicles into India can establish goodwill sufficient to qualify a mark as 'well-known' under Indian law. The case required the court to distinguish the Supreme Court's Prius decision and evaluate whether voluntary importation by third parties, without formal commercial launch, demonstrates actionable recognition within the relevant consumer segment.
India IP
LS
Lakshmikumaran & Sridharan
Article
Supreme Court Clarifies Interplay Between IBC Moratorium And Section 138 NI Act Proceedings
The Hon’ble Supreme Court of India, in Dineshchand Surana v UCO Bank, 2026 INSC 579 acting through a Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan, examined the interplay between the moratorium provisions under Part III of the Insolvency and Bankruptcy Code, 2016 and proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881.
India Insolvency
KC
Khaitan & Co LLP
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