Worldwide: Litigation, Mediation & Arbitration

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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
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
Admissibility And Authentication Of Electronic Evidence Under The Bharatiya Sakshya Adhiniyam, 2023: Legal Framework And Emerging Challenges
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.
India Litigation
Ka
Khurana and Khurana
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Related Country Guides

EF
Enforcement of Foreign Judgments
LD
Litigation Dispute Resolution
IA
International Arbitration
CA
Class Actions

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Sovereign Immunity: Public Sector Government

Article
Flexible Work Requests – Lessons For The APS
Recent Australian Public Service census data reveals a growing trend in flexible work arrangements, supported by new enterprise agreement provisions. Two landmark Fair Work Commission decisions in Naden and Westpac now provide critical guidance on how employers must handle flexible work requests, highlighting the mandatory requirements and potential consequences of non-compliance that could result in orders granting employee requests even when business grounds exist for refusal.
Australia Employment
HR
Holding Redlich
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Libel & Defamation

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Court Procedure

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
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Civil Law

Article
Claim Admission Is Not Debt Acknowledgement: Supreme Court On RP’s Role & Limitation Under The IBC
The Supreme Court's ruling in Shankar Khandelwal v. Omkara Asset Reconstruction examines whether claim admission by resolution professionals during corporate insolvency proceedings constitutes acknowledgement of liability under the Limitation Act. The decision clarifies the institutional role of insolvency professionals and establishes critical boundaries between procedural claim-verification processes and substantive acknowledgements capable of extending limitation periods.
India Insolvency
MA
Metalegal Advocates
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Latest Videos

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