India: Contracts and Commercial Law

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Article
Confidentiality: Enforceability Of Post-Employment Obligations
Indian courts have consistently upheld confidentiality obligations while striking down post-employment non-compete clauses, but the enforceability of these protections depends on precise contractual drafting and demonstrable evidence of misuse. This analysis examines landmark cases that define the boundaries between protectable trade secrets and an employee's general skills, revealing what businesses must establish to secure legal protection when confidential information is compromised.
India Employment
P
PSA
Article
Recent Developments In India's Corporate & Commercial Laws – September 2026
The September 2026 edition of Fox & Mandal's newsletter examines MCA’s FAQs on foreign company registration; proposed amendments to the NBFC credit facilities framework; expansion of OBPP offerings; operationalisation of FDI in inventory-based cross-border e-commerce; Demat 2.0 for tokenisation of corporate bonds; NHAI Policy Circular on real-time blacklisting and non-performance records; and other changes in India's corporate, capital markets, infrastructure, and banking sectors.
India Commercial
Fox & Mandal
Article
Termination, Recovery & Damages – Lessons From FW Aviation v Vietjet
The dispute in FW Aviation (Holdings) 1 Limited v VietJet Aviation Joint Stock Company1 has been decided through three substantial judgments of the English Commercial Court (“English Court”). Together, they address whether the aircraft leases were validly terminated, sums payable as a result of termination, and the extent to which damages could be claimed for losses arising from the condition, detention and delay in eventual export of the aircraft.
India Transport
TC
Tuli & Co
Article
Data Processing Agreements: Why They Matter For Businesses
Businesses increasingly rely on external service providers to store, analyse and manage personal information, making data processing agreements essential for modern privacy governance. Under India's Digital Personal Data Protection Act, 2023, these contracts define how service providers may handle personal data and establish responsibilities around security, confidentiality, incidents, sub-processors and deletion.
India Privacy
MH
Mansukhlal Hiralal & Co.
Article
How To Recover Unpaid Invoices From An Indian Company: Legal Options For Domestic And Foreign Creditors
Recovering an unpaid invoice from an Indian company need not mean years in an ordinary civil suit. Indian law offers several faster routes: insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC), summary procedures in the commercial courts, a statutory regime for micro and small suppliers, and arbitration. Foreign creditors have two further options: executing a judgment from their home court, or enforcing a foreign arbitral award. The right choice turns on three questions. Is the debt genuinely disputed? Where are the debtor’s assets? What does the contract say?
India Insolvency
R & D Law Chambers LLP
Article
Arbitration Clauses With Indian Parties: Seat, Arbitrator Appointment, Stamp Duty And Non-Signatories In India
Most arbitration disputes involving an Indian party are shaped years earlier, by a clause drafted in a few minutes. Indian courts have settled several questions about those clauses in recent years: how the seat is identified, whether one party may appoint the arbitrator, what an unstamped contract does to the clause, and when a company that never signed can be bound. This note answers those questions for businesses contracting with Indian parties and for Indian businesses contracting abroad. It sits alongside the firm’s longer analysis of drafting arbitration clauses against Indian counterparties.
India Litigation
R & D Law Chambers LLP
Article
India Resets Its Startup Definition: Deep Tech Ventures And Cooperative Societies Enter The Framework
India’s startup definition has long been tied to two basic limits: the age of the business and its annual turnover. The test was easy to apply, but it did not always reflect the reality of ventures whose growth does not follow a conventional timeline. Deep tech businesses may spend years on scientific research, product testing and technology development before earning meaningful revenue. Cooperative enterprises may also build innovative and scalable solutions, even though their ownership structure differs from that of a company or an LLP. As India’s startup ecosystem became more diverse, the earlier framework began to leave some genuine innovators outside its scope.
India Commercial
SR
S.S. Rana & Co. Advocates
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