India: Arbitration & Dispute Resolution

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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
NCLAT Clarifies that Accounting Set-Offs May Constitute Preferential Transactions under s. 43 of the IBC
The NCLAT examines whether accounting adjustments that extinguish a corporate debtor's receivables in favour of related parties constitute preferential transactions under the Insolvency and Bankruptcy Code. This ruling clarifies that actual fund transfer is not necessary for invoking avoidance provisions where such transactions result in the extinguishment of receivables, reinforcing the 'substance over form' doctrine in insolvency proceedings.
India Insolvency
MA
Metalegal Advocates
Article
The Supreme Court Reiterates: Benefit Under Section 34(3) Of The Arbitration Act Accrues Irrespective Of A Section 33 Application’s Merit Or Outcome
The Supreme Court of India has clarified the interplay between Sections 33 and 34(3) of the Arbitration and Conciliation Act, 1996, establishing that the limitation period for challenging an arbitral award is deferred regardless of the nature or outcome of correction applications filed under Section 33. This landmark ruling addresses whether parties must file simultaneous remedies or can await tribunal decisions on correction applications before initiating challenge proceedings.
India Litigation
I
CMS INDUSLAW
Article
Foreign Summary Decrees Under Scrutiny: Supreme Court Reaffirms ‘Merits’ Test Under Section 13 Of CPC
The Supreme Court of India has significantly altered the landscape for enforcing foreign summary judgments in India by holding that English summary judgments refusing leave to defend cannot be considered judgments "on the merits" under Indian law. This landmark ruling examines whether a foreign court's refusal to grant leave to defend, despite the existence of bona fide triable issues, satisfies the requirements of natural justice and merits-based adjudication under the Code of Civil Procedure.
India Litigation
I
CMS INDUSLAW
Article
Enforcing Foreign Arbitral Awards In India: Legal Framework, Judicial Trends, And Practical Considerations
The effectiveness of international arbitration ultimately depends not on obtaining an arbitral award, but on successfully enforcing it against the losing party. An arbitration award that cannot be enforced is little more than a paper victory. For this reason, the recognition and enforcement of foreign arbitral awards remain one of the most important pillars of international commercial arbitration.
India Litigation
KS
King, Stubb & Kasiva
Article
Import Of Parts Vs. Import In CKD Form – Aggregation Of Disparate Imports Over A Period Of Time To Claim CKD Form Is Not Correct
The CESTAT Chennai examined whether importing electric vehicle components separately over time constitutes importing in CKD (Completely Knocked Down) form, which would affect customs duty eligibility. The tribunal analyzed whether disparate imports of parts like frames, motors, and controllers—imported through multiple bills of entry without batteries—could be aggregated to claim they formed complete vehicle kits.
India Tax
LS
Lakshmikumaran & Sridharan
Article
Competition Law Newsletter – June 2026
This newsletter presents a comprehensive roundup of significant competition law developments in India, covering landmark judgments from the Supreme Court and various High Courts, alongside notable orders from the National Company Law Appellate Tribunal and the Competition Commission of India. The June edition highlights critical cases involving market dominance, merger approvals, and enforcement actions that shape India's competitive landscape.
India Anti-trust
DL
DSK Legal
Article
Arbitration Law May (2026) Arbitrtion Law Updates And Judgments
This decision significantly strengthens arbitral autonomy by establishing that limitation and timeliness of claims are matters for arbitral tribunals rather than courts to determine. The judgment has important implications for infrastructure contractors and public authorities seeking to avoid arbitration through threshold objections, while reinforcing the principle that contractual disputes should proceed to arbitration without excessive court intervention at the appointment stage.
India Litigation
HS
Hammurabi & Solomon
Article
General Newsletter – June 2026
DSK Legal's June 2026 newsletter delivers comprehensive updates across multiple practice areas including capital markets, competition law, dispute resolution, employment law, infrastructure, international trade, media and entertainment, banking regulations, insolvency, sports and gaming, and white collar crime. Stay informed about the latest regulatory developments, case law, and compliance requirements shaping the legal landscape across these diverse sectors.
India Commercial
DL
DSK Legal
Article
Criminal Prosecution After Settlement Of Bank Loan Dispute Held Unsustainable: Supreme Court Quashes Cheating And Forgery Case
In Vijay Kumar Kela & Anr. v. Central Bureau of Investigation & Anr., 2026 INSC 588, the Supreme Court set aside criminal proceedings initiated by the Central Bureau of Investigation against borrowers after a loan dispute had already been resolved through a compromise settlement approved by the Debt Recovery Tribunal.
India Criminal
VA
Vaish Associates Advocates
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