Summary: India’s Digital Personal Data Protection Rules, 2025, effective November 13, 2025, have fundamentally transformed the regulatory landscape for internal investigations. This analysis is the first part in a two-part series examining the critical compliance challenges facing organisations and law firms navigating data-sensitive proceedings under the new regime.Continue Reading Implications Of The Digital Personal Data Protection Rules, 2025: Stoking Internal Investigations – Part I
Summary: The Supreme Court has created an interesting puzzle over when limitation begins for applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of arbitrators. While in Arif Azim, the Supreme Court established that limitation begins only after the other party refuses the request for appointment, in Offshore Infrastructures it decided that limitation starts when the final bill becomes due, i.e., when the substantive cause of action arises, conflating two distinct limitation periods. The article analyses this judicial divergence and highlights the need for legislative clarity to resolve the uncertainty.Continue Reading Arif Azim or Offshore Infrastructures? Analysing SC’s Divergent Takes on Commencement of Limitation for Section 11(6) Applications
Summary: This article examines the Supreme Court’s reinforcement of strict limits on second appeals and the equitable principles governing specific performance. For litigants, this clarifies that courts prioritise parties’ conduct and contractual good faith over rigid procedural requirements, fostering the need for a strategic approach to property dispute resolution.Continue Reading Appellate Restraint And Equity In Specific Performance: Key Takeaways From Annamalai V. Vasanthi
A closer look at whether tighter security means better roads or fewer bidders
Summary: India’s 2025 APS Circular marks a pivotal shift in public procurement, tightening financial safeguards against underbidding in road projects. By mandating tiered performance securities for bids even marginally below estimated costs, the policy aims to enhance accountability and execution quality. However, its one-size-fits-all approach risks sidelining efficient contractors, inflating bid prices, and dampening competition. A more calibrated framework—with capped guarantees, milestone-based deposits, and carve-outs for proven performers—could transform APS from a blunt compliance tool into a strategic enabler of innovation, fiscal discipline, and infrastructure excellence.Continue Reading Barriers or Bridges? Unpacking India’s 2025 APS Mandate and its Ripple Effect on Road Projects
Summary: Milestone payments and retention money serve distinct purposes in construction contracts—one drives progress, the other secures performance. Milestone payments become due only upon achieving defined stages, while retention is money already earned but withheld until final completion or defect rectification. Misconstruing these concepts can lead to costly disputes, making precise drafting and clear nomenclature critical for risk management and claim success.Continue Reading Milestone Payments vs Retention Money: The Fine Line That Can Decide Multi-Million Dollar Claims in Construction Disputes
Summary: The U.S. has imposed 100% tariffs on branded and patented drug imports effective October 1, 2025. Although generic drugs remain exempt from these tariffs, the announcement marks a drastic change for pharmaceutical trade which has remained unrestricted for a long time. For Indian pharmaceutical companies supplying nearly half of all generic medicines consumed in the U.S., this development requires them to reassess their market strategies, compliance frameworks, and long-term supply chain planning to navigate an increasingly complex geopolitical environment.Continue Reading Trump’s Tariffs on Pharmaceutical Industry: What Indian Companies Should Know
![Judicial Interplay with Legislation: Analysing the Insolvency and Bankruptcy (Amendment) Bill, 2025 [Part II]](https://disputeresolution.cyrilamarchandblogs.com/wp-content/uploads/sites/894/2025/11/Blog-Image14-656x375.png)
Continuing the analysis presented in Part I of this blog, the Insolvency and Bankruptcy Code (Amendment) Bill, 2025 (“Bill”), proposes incorporation of the rationale laid down by various judicial forums in the following judgments:Continue Reading Judicial Interplay with Legislation: Analysing the Insolvency and Bankruptcy (Amendment) Bill, 2025 [Part II]
Summary: This blog examines the October 2025 OFAC sanctions targeting Iranian oil trade, which included eight Indian nationals and nine Indian companies on the Specially Designated Nationals list. It analyzes the legal framework behind these sanctions, their practical implications for affected parties, available delisting options, and the broader risks facing Indian businesses engaged in cross-border trade.Continue Reading On the List: OFAC’s Iran Sanctions Impacting Indian Companies and Nationals
Summary: The SC has laid down the law on the right of redemption under the SARFAESI Act and clarified that (a) once a bank publishes an auction notice under the SARFAESI Act, the borrower permanently loses the right to redeem the mortgage; (b) the amendment to Section 13(8) of the SARFAESI Act in 2016 applies to all the loans declared as non-performing assets after September 1, 2016, regardless of when the loan was availed; and (c) the term “publication” in Section 13(8) refers to a single composite notice that encompasses all modes including service of notice, newspaper publication, affixation, and uploading on the website, rather than merely newspaper advertisements.Continue Reading When Does the Door Close? Understanding The Right of Redemption of Borrowers Under SARFAESI Act
Summary: When a company is struck off from the Register of Companies (ROC), it is deemed dissolved under the Companies Act, 2013, but this does not nullify its legal rights, including those arising from arbitral awards. The Arbitration and Conciliation Act, 1996, does not recognise striking off as a ground to set aside or resist enforcement of an award. Section 250 of the Companies Act explicitly allows dissolved companies to continue operating for the purpose of realising dues and settling liabilities. Indian courts, including in Exotic Buildcon, Value Advisory, and AB Creations, have affirmed that arbitral awards remain enforceable even if the company is struck off, provided it is restored to the register. Restoration retroactively validates the company’s existence, enabling it to pursue claims and enforce awards, making dissolution a procedural pause rather than a termination of justice.Continue Reading Dissolved but Not Defeated: How Struck-Off Companies Enforce Arbitral Wins