Worldwide: Litigation, Mediation & Arbitration

In Nagaraj V. Mylandla vs. PI Opportunities Fund-I [2026 INSC 298], the Supreme Court considered a recurring problem in foreign award enforcement: whether an award debtor, after unsuccessfully challenging an award before the court at the seat, can resist enforcement in India by re-framing the same objections as questions of Indian public policy.

The Insolvency and Bankruptcy Code, 2016 (“Code”) provides a time-bound and creditor-driven framework for resolution of distressed corporate debtors.

The Supreme Court's decision in Kolkata Municipal Corporation v. Bimal Kumar Shah marks a significant development in Article 300A jurisprudence. While upholding the concurrent findings of the Single Judge and the Division Bench of the Calcutta High Court, the Supreme Court identified seven constitutional requirements for a valid compulsory acquisition of immovable property. The ruling reaffirms that, although the right to property is no longer a fundamental right after the 44th Constitutional Amendment, it remains constitutionally protected under Article 300A against arbitrary deprivation by the State.