India: Arbitration & Dispute Resolution

Arbitration has long been heralded as the faster, more flexible alternative to litigation. Parties choose it to avoid the procedural labyrinths and backlog of national courts, expecting a swift resolution delivered by subject-matter experts. Yet in practice, arbitration often fails to live up to this promise. Tribunals may take months, or even years, after the close of hearings to deliver their awards.

Document production in arbitration has traditionally been a contentious and resource-intensive phase, particularly in complex international commercial disputes. As arbitration solidifies its role as the preferred mechanism for resolving cross-border disputes, the imperative for efficient, transparent, and predictable disclosure procedures has become increasingly evident. In the Indian context, the arbitral landscape has undergone significant reform in recent years, with the enactment and amendment of the Arbitration and Conciliation Act, 19961, seeking to align domestic practices with internationally recognized standards.

An analysis of the Supreme Court’s decision in Pooja Ramesh Singh v. Jammu and Kashmir Bank Ltd, examining the consequences of fabricated AI-generated precedents for judicial discipline, professional responsibility and the rule of law.

A Delhi High Court ruling examines whether a judgment-holder can withdraw court-deposited award money after the debtor's insolvency resolution plan is approved. The case explores the intersection of arbitration enforcement rights and the Insolvency and Bankruptcy Code's clean-slate doctrine, revealing how a creditor's failure to file a claim during insolvency proceedings can result in forfeiture of seemingly secured funds.

The Rajasthan Real Estate Appellate Tribunal (“REAT”), by its order dated 21 July 2026 in AKG Affordable Housing Pvt. Ltd. v. Hunny Yadav and Ors., has reaffirmed a homebuyer’s entitlement to possession and delay compensation under the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”), notwithstanding a promoter’s attempt to resist liability on grounds of non-registration of the sale agreement, force majeure, and alleged shared default.

On June 3, 2026, the Supreme Court of India’s AI Committee released preliminary draft of the Regulations for Use of Artificial Intelligence (AI) in Courts, 2026 (“The Draft”). This marks a shift from scattered experiments with AI tools for translation, transcription, research and case management. With over 93,000 pending matters as of March 2026, the guidelines aim to ease processes for officials and citizens. AI could help reduce backlogs through automated cause-list preparation, transcription, research, and defect scrutiny, but its use also raises serious concerns.

An analysis of the APAAR Scheme, the Supreme Court’s directions requiring meaningful parental consent, opt-out rights and DPDP Act compliance, and why these amendments are necessary for protecting students’ personal data.

Argus Partners maintains a strategic presence across India's major business hubs with offices in Mumbai, New Delhi, and Bengaluru. The firm provides comprehensive legal services while adhering to Bar Council of India regulations regarding professional conduct and client engagement.

The Bombay High Court recently addressed a critical question regarding the temporal application of Section 96(4) of the Insolvency and Bankruptcy Code, which removed the interim moratorium protection for personal guarantors of corporate debtors. The ruling clarifies whether this amendment applies only to fresh applications filed after its enactment or extends to insolvency proceedings that were already pending when the law changed. This decision has significant implications for creditors seeking to pursue p