India: Litigation, Mediation & Arbitration

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

The recent judgement of the Supreme Court of India in Re: Summoning Advocates who give legal opinion is not merely a legal ruling; it is a profound jurisprudential restatement of the very foundations of a robust justice delivery system.

The Supreme Court of India, in a significant and far-reaching judgment, has reaffirmed the sanctity of the advocate-client relationship and curtailed investigative agencies' powers...

The Union Budget 2026–27 arrives at a critical juncture, with India positioning itself for global economic leadership amid heightened global tensions, shifting trade alignments, and persistent economic uncertainty.

Unilateral appointments are not consistent with the basic tenet of arbitration i.e., mutual confidence in the arbitrator.

Waqf Tribunals have a limited and special jurisdiction. They may adjudicate disputes only in respect of properties that are either notified in the statutory "list of auqaf" or registered as waqf under the Waqf Act, 1995.

The Respondents, Central Public Works Department (Respondent No. 1) and M/s. Supreme Infrastructure India Limited (Respondent No. 2), are parties in an ongoing arbitration.

The January 2026 edition of Fox & Mandal's Dispute Resolution & ADR Newsletter analyses whether a promotor's undertaking to infuse funds into a debtor amounts to a guarantee; arbitrability of software ownership disputes involving intellectual property rights; forfeiture of earnest money when both parties are at fault; whether employment disputes are ‘commercial disputes' under the Commercial Courts Act, 2015; and other recent judgments of the Supreme Court of India and various High Courts.

The legislative premise was clear: predictable and time-bound adjudication of commercial disputes is integral to strengthening investor confidence in the independence, efficiency, and credibility of India's legal system.

In the recent case of Western Coal Fields Ltd. v. Manohar Govinda Fulzele, 2025 INSC 233, the Supreme Court ("SC") held that an employee's gratuity can be forfeited in case of proven misconduct for an offence involving moral turpitude, even if the employee has not been convicted in a criminal proceeding.

The present appeal arises from the judgment and order dated 07 April 2025 passed by the Bombay High Court allowing a petition under Section 11(4) of the Arbitration and Conciliation Act, 1996 ("the Act")...

In a recent judgment, the Delhi High Court reaffirmed the principles of impartiality and procedural fairness in arbitration, holding that a party cannot invoke the protections of Section 12(5)...