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Law Governing the Arbitration Agreement Part II: India Aligns, UK Departs—Or Is It the Other Way Round?

Summary: India and the UK have taken opposite paths on determining the law governing arbitration agreements. India’s Supreme Court has embraced the three-stage Enka framework in Disortho S.A. v. Meril Life Sciences (2025), while the UK’s Arbitration Act 2025 establishes a bright-line rule defaulting to the law of the seat. This article examines both approaches and why precise drafting of dispute resolution clauses has become essential risk management in cross-border arbitration.

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Arif Azim or Offshore Infrastructures? Analysing SC’s Divergent Takes on Commencement of Limitation for Section 11(6) Applications

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.

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Appellate Restraint And Equity In Specific Performance: Key Takeaways From Annamalai V. Vasanthi

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.

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The “all or nothing” problem: Partial Enforcement of Foreign Arbitral Awards

Summary: When a foreign arbitral award hits a snag, should the entire award sink or can the enforceable part still sail through? Indian law is clear on severability for domestic awards, but foreign awards remain in a grey zone. While global practice leans toward partial enforcement to protect legitimate claims, India risks being an outlier. It’s time for a pragmatic shift that aligns with international norms and safeguards commercial certainty.

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SEBI’s power to revisit penalty orders, including Nil penalties, under Section 15-I (3) of the SEBI Act, 1992

Summary: Section 15-I (3) of the SEBI Act, 1992, empowers SEBI to revisit and enhance penalties imposed by the adjudicating officer, including orders where no penalty is imposed, within a period of three months from the date of passing of the order. However, this power can be exercised only if the order passed by the adjudicating officer is erroneous and not in the interests of the securities market. This revisionary power represents a critical component of SEBI’s regulatory framework — it allows the market regulator to modify orders passed by the adjudicating officer.

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A closer look at whether tighter security means better roads or fewer bidders

Barriers or Bridges? Unpacking India’s 2025 APS Mandate and its Ripple Effect on Road Projects

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.

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Milestone Payments vs Retention Money: The Fine Line That Can Decide Multi-Million Dollar Claims in Construction Disputes

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.

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Trump’s Tariffs on Pharmaceutical Industry: What Indian Companies Should Know

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.

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

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:

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On the List: OFAC’s Iran Sanctions Impacting Indian Companies and Nationals

 

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.

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