India: Contracts and Commercial Law

Pursuant to a Gazette Notification dated February 3, 2026, the Government of India ('Government') notified the Sabka Bima Sabki Raksha (Amendment of Insurance Laws)...

Commercial teams often believe the "real negotiation" is about pricing, payment schedules, deliverables, service levels, or termination rights. But anyone who has worked on contracts for long enough knows that the real negotiations usually begin once the discussion reaches indemnity.

The February 2026 edition of Fox & Mandal's Dispute Resolution & ADR Newsletter analyses the interplay of the GAAR framework with the treaty benefits under Section 90(2A) of the Income Tax Act, 1961; right of a defaulting party to rely on clause barring escalation and idle costs; appropriate Court for seeking extension of arbitration timeline; CoC's power to determine mode of sale of non-core assets; and other recent judgments of the Supreme Court of India and various High Courts.

Public auctions by States, development authorities, housing boards and PSUs are central to monetizing land, natural resources and public assets, and auction terms usually preserve a wide "right to cancel" in favour of the Authority.

Welcome to the latest edition of Fox & Mandal's newsletter highlighting recent developments in India's corporate & commercial laws. In this edition, we examine key aspects of various legal and regulatory changes in the Corporate, Capital Markets, Insolvency, Competition and Real Estate sectors and their impact on the business ecosystem in the country.

This article examines India's Digital Personal Data Protection Act, 2023 (DPDP Act) not as an immediate checklist-based compliance regime, but as a conduct- and governance-driven regulatory framework whose enforcement is deliberately phased over time.

The prosecution's case seemed thin initially. There were allegations of financial misconduct, but the transactions had board approval. Corporate records showed compliance with procedural requirements.

Despite over three decades of settled jurisprudence, Indian commercial litigation continues to suffer from a basic and recurring jurisdictional error: the assumption that a suit can be validly instituted...

In M&A transaction documents such as share purchase agreements ("SPAs"), the parties generally allocate transactional risk by negotiating differentiated indemnity survival periods or time caps for various categories...