India: Arbitration & Dispute Resolution

Subscribe
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
Supreme Court Upholds Forfeiture Of EMD Where Liquidation Auction Terms Expressly Provide For It
In M/s ASJ Finsolutions Pvt. Ltd. v. Vikram Bajaj, the Supreme Court considered whether the Earnest Money Deposit (EMD) and other amounts paid by a successful bidder in a liquidation auction can be forfeited where the e-auction notice expressly so provides, even though the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 (the “Regulations”) do not expressly provide for forfeiture.
India Insolvency
IL
IndiaLaw LLP
Article
Whether Arbitration Has Proven To Be An Alternative To Court Litigation?
When commercial negotiations fail, parties face a critical choice: pursue traditional court litigation or opt for arbitration. India's Arbitration and Conciliation Act, 1996 established a comprehensive framework for alternative dispute resolution, but has arbitration truly delivered on its promise as an effective alternative? This analysis examines the practical realities, statutory provisions, and comparative advantages of arbitration versus conventional litigation in the Indian legal system.
India Litigation
AL
Anhad Law
Article
Section 37 Appeal Cannot Be Remitted To Arbitral Tribunal To Be Treated As A Section 17 Application Even By Consent: Supreme Court
In Union of India & Ors. v. Hariom Projects Pvt. Ltd. [2026 INSC 1044], the Supreme Court considered whether a High Court, while exercising appellate jurisdiction under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") against rejection of an application under Section 9, could by consent of the parties remit the appellate proceedings to a subsequently constituted arbitral tribunal and direct the tribunal to treat those proceedings as an application under Section 17.
India Litigation
Trinity Chambers
Article
RERA vs NCLT Vs NCDRC: Where A Home Buyer Shall Go To Redress His Grievance
Real estate disputes in India can be addressed through three primary forums: RERA, NCDRC, and NCLT. Each forum offers distinct mechanisms for homebuyers seeking redressal, from regulatory compliance and consumer protection to insolvency proceedings. Understanding the jurisdiction, scope, and appropriate application of each forum is crucial for effective dispute resolution in real estate transactions.
India Litigation
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
Litigation Update | Supreme Court Upholds Occupants' Rights In Redevelopment Projects, Reinstates Mhada Orders For Permanent Alternate Accommodation
The Supreme Court of India has delivered a landmark ruling in a redevelopment dispute, firmly establishing that Permanent Alternate Accommodation Agreements executed under the Maharashtra Housing and Area Development Act are statutory instruments, not mere private contracts. This decision addresses critical questions about developer obligations, occupant rights, and regulatory authority when redevelopment projects fail to honor commitments made to original tenants.
India Real Estate
MH
Mansukhlal Hiralal & Co.
Article
Empowerment vs. Entrapment Gender Justice And The Misuse Of Legal Protections For Women In India
India’s legislative journey towards gender equality has seen commendable progress. Over the last few decades, a series of statutes and amendments were enacted to protect women from systemic oppression, dowry-related harassment, domestic abuse, and economic neglect. The aim was clear to empower women within the patriarchal structures of Indian society. These laws include Section 498A of the Indian Penal Code IPC, the Dowry Prohibition Act, Section 125 of the Criminal Procedure Code CrPC, and the Protection of Women from Domestic Violence Act 2005, among others.
India Government
ML
MZM Legal
Article
India's Supreme Court Strengthens Summary Judgment In Commercial Disputes – Is This The End Of “Putting The Obvious On Trial”?
The Supreme Court of India has issued its most comprehensive guidance on summary judgment under Order XIII-A of the Code of Civil Procedure, establishing a nine-point framework that could fundamentally reshape how commercial disputes are resolved. In Reliance Eminent Trading v. Delhi Development Authority, the Court clarified when courts should bypass full trials and decide cases at an earlier stage, potentially ending the practice of forcing parties through years of litigation when material facts are alrea
India Litigation
BA
BTG Advaya
Article
Investment Protection In A Post-BIT World: The Çelebi Case And The New Frontier Of Foreign Investor Rights In India
The landscape of international investment protection has undergone a seismic shift in India over the past decade. Once a champion of Bilateral Investment Treaties (BITs) with over 80 such agreements, India has dramatically reversed course, terminating the majority of these treaties and adopting a restrictive Model BIT in 2016.1 This fundamental restructuring has created significant uncertainty for foreign investors operating in the Indian market.
India Government
ML
MZM Legal
Article
Algorithmic Neutrality: Reimagining Arbitrator Appointments In India Through Artificial Intelligence To Combat Moral Hazard
Arbitration, as a preferred mode of dispute resolution, is grounded in the principles of party autonomy, efficiency, and finality. It offers a private, flexible, and expert-led alternative to traditional litigation. However, the credibility of arbitration ultimately hinges on one critical foundation: the impartiality and independence of the arbitrator. Any compromise, actual or perceived, on this front erodes trust in the process and undermines the legitimacy of the final award.
India Litigation
ML
MZM Legal
Article
Unlocking The Truth: The Role And Procedure Of Expert Witnesses In International Arbitration
The evolution of international arbitration as the preferred mechanism for resolving complex cross border disputes has transformed the landscape of dispute resolution. In particular, the growing complexity of subject matter, from multi-layered construction contracts to intricate financial valuations has created an increased reliance on expert witnesses. These individuals, equipped with specialized knowledge, provide clarity and guidance on technical, scientific, financial, or legal issues that fall outside the typical purview of arbitrators.
India Litigation
ML
MZM Legal
See more

Latest Videos

See more