Dispute Resolution

Summary: The seat of arbitration determines the supervisory jurisdiction of courts over arbitral proceedings. But is the situation always so straightforward? More often than not, the seat is not specified and is coupled with vague references to venue or place, along with conflicting exclusive jurisdiction clauses. What happens in such cases? How is the supervisory jurisdiction of courts determined? Courts have developed nuanced approaches to resolve these conflicts, establishing clearer principles for determining supervisory jurisdiction. This article examines six key and frequently encountered scenarios with recent judicial trend to provide clarity on this complex area of law.Continue Reading Seat, Venue, Place, and Exclusive Jurisdiction Clauses: Analysing the Different Complex Combinations with Recent Judicial Trends

Lawful Silence, Unlawful Assumptions: Bail, Confession, and Constitutional Rights

Summary: The police are legally obligated to conduct investigations and gather evidence through lawful means. Under Article 20(3) of the Constitution, an accused person cannot be compelled to confess, as the right against self-incrimination is a protected fundamental right. Therefore, choosing not to make self-incriminating statements or confessions cannot be construed as “non-cooperation” during a police investigation. Such refusal, being constitutionally valid, cannot be used by the police as grounds to oppose bail or anticipatory bail applications.Continue Reading Lawful Silence, Unlawful Assumptions: Bail, Confession, and Constitutional Rights

Judicial Interplay with Legislation: Analysing the Insolvency and Bankruptcy (Amendment) Bill, 2025 [Part I]

The Insolvency and Bankruptcy Code (Amendment) Bill, 2025 (“Bill”), introduced in the Lok Sabha on August 12, 2025, represents a significant legislative response to India’s evolving insolvency jurisprudence by codifying key judicial pronouncements and introducing global best practices. This two part blog elaborates upon the Bill that recommends comprehensive reform addressing critical ambiguities and operational challenges that have emerged through landmark judicial decisions, whilst strengthening India’s position as a jurisdiction conducive to business revival and creditor protection. Understanding the Bill is essential for insolvency practitioners, creditors, and corporate stakeholders to navigate the enhanced framework for value maximisation and timely resolution of corporate distress.Continue Reading Judicial Interplay with Legislation: Analysing the Insolvency and Bankruptcy (Amendment) Bill, 2025 [Part I]

Navigating the MSME Minefield: When Party Autonomy Meets Statutory Reality

Summary: The recent decision in GEA Westfalia highlights the importance of an exclusive jurisdiction clause in contracts involving MSMEs, particularly for determining the court with the jurisdiction to hear challenges to awards passed as part of the mandatory statutory arbitration under the MSMED Act.Continue Reading Navigating the MSME Minefield: When Party Autonomy Meets Statutory Reality

Arbitration without signatures no bar to refer dispute to arbitration: Supreme Court reinforces enforcement of arbitration agreements through performance

Summary: In the case of Glencore International AG v. Shree Ganesh Metals, the issue before the Supreme Court was whether an unsigned arbitration agreement could bind parties based on their conduct and correspondence. Answering in affirmative, the Court held that such agreements are enforceable if parties are ad idem and have acted upon the contract terms, including arbitration clauses. The ruling affirms India’s pro-arbitration stance, ensuring legal certainty for modern commercial transactions involving conclusion via electronic communication and performance.Continue Reading Arbitration without signatures no bar to refer dispute to arbitration: Supreme Court reinforces enforcement of arbitration agreements through performance

Arbitration Timelines in India “Justice delayed is justice denied — but what if delay is disguised as procedure?”

Summary: In Krishna Devi v. Union of India, the Supreme Court held that the limitation period to challenge an arbitral award begins when a party becomes aware of the award — not when formal notice is received. This ruling curbs delaying tactics and prioritises substance over procedure. Though rooted in the 1940 Act, it signals a shift in interpreting timelines under the 1996 regime, urging parties to act on knowledge, not wait for paperwork.Continue Reading Knowledge Over Notice: Rethinking Arbitration Timelines in India “Justice delayed is justice denied — but what if delay is disguised as procedure?”

Transforming India’s Merger Landscape: How MCA’s Fast-Track Expansion Will Reshape Corporate Restructuring

Summary: The Ministry of Corporate Affairs has significantly expanded India’s fast-track merger framework beyond small companies and wholly-owned subsidiaries to include unlisted companies with borrowings under INR 200 crore (with certain conditions). Additionally, demergers have also been brought under the ambit of the fast-track route. This will reduce NCLT’s burden, accelerate corporate restructuring timelines, and make restructuring more accessible to mid-sized companies across India.Continue Reading Transforming India’s Merger Landscape: How MCA’s Fast-Track Expansion Will Reshape Corporate Restructuring

Nascent stage of investigation no bar for quashing: Supreme Court clarifies High Court’s power under Section 528 BNSS

Summary: The power to quash a criminal matter under Section 528 BNSS, 2023 (erstwhile Section 482, CrPC, 1973), is well settled. It is a power to be exercised sparingly, within well accepted parameters, including no offence being disclosed, malice, abuse of criminal process, etc. If such relevant factors otherwise stand fulfilled, there is no bar to quashing an FIR, even if the investigation is at a preliminary/ nascent stage.Continue Reading Nascent stage of investigation no bar for quashing: Supreme Court clarifies High Court’s power under Section 528 BNSS

Beyond Approval: Decoding The Committee of Creditors’ Continuing Role Under the IBC

Summary: The article addresses a critical unanswered question in Indian insolvency law: whether the Committee of Creditors (CoC) becomes functus officio after NCLT approval of a resolution plan under Section 31 of the IBC, a question with significant academic and practical implications. Through harmonious interpretation of existing provisions, the authors argue that the CoC remains in existence until the Supreme Court finally decides on any questions pertaining to the resolution plan, as the corporate insolvency resolution process continues through the appellate hierarchy. However, while inferential support exists for this position, urgent legislative intervention is needed to provide an explicit statutory framework defining the CoC’s post-approval powers and to eliminate the current legal uncertainty.Continue Reading Beyond Approval: Decoding The Committee of Creditors’ Continuing Role Under the IBC

Loss of Profits vs. Loss of Profitability in Construction Contracts: Navigating the Legal Maze for Accurate Claims

Summary: The Indian construction industry has long grappled with a fundamental confusion that has cost contractors millions in unrecovered damages. The terms “profits” and “profitability” have frequently been used interchangeably by the legal community in India when addressing cases related to damages from contractual breaches. However, the two stand as distinct concepts and conflating them can lead to confusion or raise questions on legitimacy. Recent judicial developments, however, are finally bringing much-needed clarity to this critical distinction.Continue Reading Loss of Profits vs. Loss of Profitability in Construction Contracts: Navigating the Legal Maze for Accurate Claims