India: Litigation, Mediation & Arbitration

This article examines the legal framework governing the admissibility of electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023, with particular reference to the requirements of hash value disclosure and expert certification. It analyses the procedural safeguards mandated by recent judicial pronouncements and the practical challenges faced by investigators, lawyers, and courts in ensuring the authenticity and reliability of digital evidence.

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 follows a common law system where the civil court structure is defined and governed by the Code of Civil Procedure 1908 (CPC). The hierarchy of civil courts begins with the civil judge (Junior division)/Munsiff courts followed by a civil judge (Senior Division), district courts at the district level. The supervisory jurisdiction over all district courts in a state vests with the High Court having jurisdiction over such state. At the pinnacle, is the Supreme court of India – which is the country’s highest constitutional court.