Dispute resolution

Does Interest Stop Running When Award Amounts Are Deposited In Court?

Summary: Recent Indian jurisprudence confirms that depositing an arbitral award amount with the court during Section 34 proceedings stops interest from running, but only if the deposit is full, unconditional, and properly notified. Partial payments made over time do not attract this benefit. This clarity provides judgment debtors with a powerful tool to limit their exposure while awards remain under challengeand gives decree holders certainty about their entitlements.Continue Reading Does Interest Stop Running When Award Amounts Are Deposited In Court?

Settling The Clash Between The Public Premises Act And State Rent Control Laws

Summary: This article traces the Supreme Court’s resolution of the long-standing conflict between State rent control legislations and the Public Premises Act (Eviction of Unauthorised Occupants) Act, 1971 (“PP Act”). In 2014 a division bench of the Supreme Court in Suhas H. Pophale v. Oriental Insurance Company Ltd. and its Estate Officer (2014) 4 SCC 657 created specific carve-outs of a Constitution Bench decision that held the PP Act had overriding effect over State rent control legislation. Following a reference to resolve the conflict, the Supreme Court has, in Life Insurance Corporation of India & Anr. v. Vita, 2025 INSC 1419, settled the position and set aside Suhas Pophale. The ruling restores clarity and marks a significant reaffirmation of stare decisis as a cornerstone of judicial consistency.Continue Reading Settling The Clash Between The Public Premises Act And State Rent Control Laws

Navigating the Muddled Requirement of an Electronic Evidence Certificate in Arbitration Proceedings

Summary: This article examines the necessity of furnishing an electronic evidence certificate for proving the contents of documents in electronic form during arbitration proceedings. While an electronic evidence certificate has been held as a mandatory requirement in court proceedings, some courts have relaxed the said requirement for arbitrations. However, in certain cases, it has been observed that arbitrators have considered the absence of such an electronic evidence certificate as a factor for holding certain documents as inadmissible. Subsequently, given the restricted scope of judicial review concerning arbitral awards, such observations are typically insulated from challenge, thereby raising risks during litigation.Continue Reading Navigating the Muddled Requirement of an Electronic Evidence Certificate in Arbitration Proceedings

Fresh Start: Balance Sheet Entries Read With Supporting Records Constitute Debt Aknowledgement, Resets Limitation

Summary: The Supreme Court has held that entries in a corporate debtor’s balance sheet, when read alongside corroborative materials including cash flow statements, constitute a valid acknowledgement of debt under Section 18 of the Limitation Act, 1963, thereby resetting the period of limitation for creditors to initiate insolvency proceedings. This ruling strengthens the position of creditors under the Insolvency and Bankruptcy Code, 2016, ensuring that procedural technicalities do not frustrate their rights to take recourse through insolvency proceedings. It also places greater responsibility on auditors and accountants, as financial statements may now carry significant consequences for both debtors and creditors by operating as binding acknowledgements of liability.Continue Reading Fresh Start: Balance Sheet Entries Read With Supporting Records Constitute Debt Acknowledgement, Resets Limitation

Efficiency Versus Procedural Fairness – Bombay High Court Reaffirms Governing Principles

Summary: This article examines the Bombay High Court’s ruling that foreign decrees from reciprocating territories are executable as domestic decrees, provided they satisfy Section 13 of the CPC, affirming the position that executing courts retain discretion to permit evidence in ‘exceptional’ cases.Continue Reading Efficiency Versus Procedural Fairness – Bombay High Court Reaffirms Governing Principles for Execution of Foreign Decrees

Two States: Stamp Duty On Merger Orders Passed By Two Different Tribunals

The Companies Act, 2013 (“CA 2013”), and the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (“2016 Rules”), allow companies to jointly or separately file an application for merger or amalgamation before the National Company Law Tribunal (“NCLT”). However, companies with registered offices in two different States must file two separate applications (unless a specific exemption has been obtained to file a joint petition) as the scheme will have to be approved by the two NCLTs having jurisdiction over the companies.Continue Reading Two States: Stamp Duty On Merger Orders Passed By Two Different Tribunals

Judicial Restraint In Arbitral Substitution: Key Takeaways From Ankhim Holdings V. Zaveri Construction

Summary: This article analyses the Supreme Court’s decision in Ankhim Holdings Pvt. Ltd. & Anr. v. Zaveri Construction Pvt. Ltd., which reiterates the limited role of courts under Section 15(2) of the Arbitration and Conciliation Act, 1996. The Supreme Court held that substitution of an arbitrator does not permit courts to revisit or nullify prior arbitral proceedings, reaffirming the Act’s self‑contained structure and its emphasis on minimal judicial intervention.Continue Reading Judicial Restraint In Arbitral Substitution: Key Takeaways From Ankhim Holdings V. Zaveri Construction

When Policy Isn’t Law: Why Press Releases Don’t Trigger “Change in Law” Compensation

Summary: The Supreme Court’s ruling in Nabha Power v. PSPCL makes a clear distinction: government press releases and policy clarifications, even if they affect project economics, do not qualify as “Change in Law” under Power Purchase Agreements. Only formal legal instruments like statutes, rules, regulations, or gazette notifications carry the weight needed to trigger compensation. This brings greater certainty for regulators and distribution companies, but it also means developers must be more cautious when bidding, since informal policy signals can no longer be relied upon for relief. The decision ultimately reinforces contractual discipline while reminding the sector that policy announcements must be formally notified to have legal effect.Continue Reading When Policy Isn’t Law: Why Press Releases Don’t Trigger “Change in Law” Compensation

Supreme Court Clarifies the Trigger Point for Commencement of Arbitration under Indian Laws

Summary: The Supreme Court has addressed a long-standing issue in arbitration law, holding that the receipt of the arbitration notice marks the commencement of arbitral proceedings for the purposes of limitation period, interim reliefs, and procedural laws.

Continue Reading Supreme Court Clarifies the Trigger Point for Commencement of Arbitration under Indian Laws

The MoRTH Circular to end arbitration in disputes over 10 crores: Unilateral Change or Contractual Overreach?

Summary: The Ministry of Road Transport and Highways (MoRTH) circular dated January 12, 2026, provides that arbitration will not be available for disputes exceeding INR 10 crore in BOT, HAM, and EPC contracts, purporting to replace existing dispute resolution clauses with immediate effect. This raises critical questions: Can a government circular unilaterally amend signed contracts that expressly require written consent for modifications? While prospective application may be defensible, retrospective substitution of dispute resolution mechanism, without mutual consent, presents serious enforceability concerns and challenges fundamental principles of contractual sanctity. The circular’s ambiguous carve-out for “ongoing arbitrations” adds further uncertainty, particularly about disputes at pre-arbitral stages. This development marks a significant departure from India’s pro-arbitration stance and warrants careful legal and policy scrutiny.Continue Reading The MoRTH Circular to end arbitration in disputes over 10 crores: Unilateral Change or Contractual Overreach?