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Exclusive Jurisdiction vs Seat Conundrum: Delhi High Court Expands Jurisprudence

Summary: This article examines the evolving jurisprudence on the interplay between “exclusive jurisdiction” and “seat of arbitration” clauses in Indian arbitration landscape. The Delhi High Court’s decision in Viva Infraventure v. NOIDA highlights that an express exclusive jurisdiction clause will override a seat determined by the arbitrator. The judgment underscores the primacy of party autonomy and contractual intent. It also reinforces the importance of precise drafting in arbitration clauses to avoid jurisdictional conflicts and ensuring legal clarity.

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Breaking the Hierarchy – Power of the Trial Courts to Cancel Bail Granted by Higher Courts

Summary: In this article, we discuss the concept of cancellation of bail in the backdrop of a recent judgment of the Supreme Court that trial courts are empowered to cancel bail granted by higher courts if bail conditions are violated.

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Criminal Liability of Non-Executive Directors: A New Ray of Hope

Summary: This blog compares Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), with Section 200 of the erstwhile Criminal Procedure Code, 1973 (“CrPC”). The analysis highlights how the new provision introduces an additional safeguard against prosecution for non-executive directors.

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Summary: This article highlights the Bombay High Court’s reaffirmation of limited appellate review for temporary injunctions. For litigants, this means a clearer understanding of the narrow grounds for appeal, fostering more strategic and efficient approaches to dispute resolution involving interim reliefs.

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Summary: This article aims to examine the contours of Section 223 of the BNSS, with a special focus on courts’ interpretation of the proviso to Section 223(1) of the BNSS and its practical implications.

Introduction

On December 25, 2023, India enacted a transformative triumvirate of laws – the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), and the Bharatiya Sakshya Adhiniyam, 2023. These new criminal laws became effective on July 1, 2024, repealing and replacing the long-standing pillars of criminal law – Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 (“CrPC”), and the Indian Evidence Act, 1872, respectively.

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The present US administration signed an Executive Order (“EO 14209”) in February, halting the enforcement of the Foreign Corrupt Practices Act (FCPA), pending new guidance to prosecutors. On June 10, 2025, the US Department of Justice (DOJ) issued new guidelines (“Guidelines”) on the enforcement of the FCPA, marking a significant shift in its approach to combating foreign bribery. These changes are a part of a broader strategy to recalibrate US anti-corruption efforts in line with national security interests and economic competitiveness.

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Introduction

The Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”), aims to promote,  develop and enhance the competitiveness of MSMEs. To address the issue of delayed payments, several provisions of the MSME Act provide additional safeguards and benefits to MSMEs. One such safeguard is Section 15, which outlines the buyer’s liability to make payments due to MSMEs once the goods or services are accepted/ deemed to be accepted.[1] Similarly, Section 16, read with Section 17, states that delays in payments for goods supplied or services rendered by MSMEs, shall attract a compound interest rate of three times the bank rate notified by the Reserve Bank of India.[2] Further, reference to the Micro and Small Enterprises Facilitation Council (“MSEFC”) for any amount due under Section 17 can be made under Section 18. However, questions on the applicability of this statutory provision are raised, when parties to a dispute do not invoke the MSEFC mechanism and go under the pre-existing arbitration agreements.

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IBC vs. PMLA: Supreme Court Reinforces Jurisdictional Boundaries in Kalyani Transco Case

The Insolvency and Bankruptcy Code, 2016 (“IBC”), was enacted to inter alia provide a consolidated framework to resolve insolvency in a time-bound manner and to maximise the value of assets. This objective is further aided by a moratorium under Section 14 that halts legal proceedings against the corporate debtor, and the immunity provision under Section 32A, which offers a fresh slate to resolution applicants upon plan approval.

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