Summary: The Supreme Court in its landmark ruling in Nagaraj V. Mylandla v. PI Opportunities Fund-I has charted out a clearer path for PE/ VC exits. It has held that a promoter responsible for providing exits to its investor cannot relitigate issues in an Indian court already decided by the seat court. By doing so, the court has formally embraced the doctrine of transnational issue estoppel.
Continue Reading Finality in PE/ VC Exits Across Borders: SC Endorses Transnational Issue Estoppel
Summary: As per settled legal jurisprudence, there are limited grounds available for a participating entity to raise challenges to a tender process and/ or its terms after participation. Barring such limited grounds, any challenge in respect of a tender must be raised before participation in the tender process. This blog focusses on the Supreme
Summary: In India, personality rights, protecting an individual’s control over the commercial use of their identity, have primarily evolved through judicial pronouncements. However, the rise of artificial intelligence, including deepfakes and voice cloning, has significantly intensified the threat of identity misappropriation, prompting Indian courts to expand the scope of these rights. In recent times, the Delhi and Bombay High Courts have granted injunctions restraining AI-driven misuse of celebrities’ names, images and likenesses. Yet, despite this judicial recognition, the existing statutory framework remains fragmented, and comprehensive legislative intervention has now become essential to ensure consistent and effective protection of personality rights in the AI age.
Continue Reading Personality Rights in India in the Age of AI
Summary: In a landmark 2026 ruling, the Supreme Court of India has decisively reshaped the contours of post‑award interim relief under Section 9 of the Arbitration and Conciliation Act. Departing from the long‑held view that such protection lies only with the winning party, the Court held that even an unsuccessful party may seek interim measures after an arbitral award, provided the case is rare, compelling, and demands judicial restraint. By rejecting the “fruits of the award” doctrine and reaffirming the plain statutory language of “any party,” the judgment restores Section 9 to its full amplitude while carefully safeguarding arbitral finality. This decision marks a pivotal shift in Indian arbitration law, balancing textual fidelity with commercial and procedural realism.
Continue Reading After the Gavel Falls: Can the Losing Party Still Seek Interim Relief under Section 9?
Summary: This blog examines two recent decisions, Rajiv Gaddh v. Subodh Prakash (Supreme Court) (2026 INSC 302) and Nalin Vallabhbhai Patel v. Atharva Realtors (Bombay High Court)(2026:BHC-OS:7780), which reinforce a practical message for businesses: If a party lets an arbitration lapse through its own inaction (or withdraws a Section 11 request without liberty), courts are unlikely to allow a “reset” by filing a fresh Section 11 application for the same disputes under the Arbitration and Conciliation Act, 1996.
Continue Reading Abandonment of Claims in Arbitration
Summary: A key procedural question in Indian arbitration law concerns the trigger for the commencement of the limitation period under Section 34(3) of the Arbitration Act, where a party files a Section 33 application before challenging an arbitral award. Conflicting judicial precedents had created uncertainty on whether an application that was misconceived in scope, or unsuccessful in outcome, could nonetheless shift the limitation trigger from the date of receipt of the award to the date of disposal of the Section 33 request. The Supreme Court in Geojit Financial Services v. Sandeep Gurav (2025) has resolved this conflict by holding that any proper and timely Section 33 application, regardless of outcome or scope, defers limitation to the date of its disposal.
Continue Reading When Does the Clock Start? Section 33 Applications and the Limitation Trigger Under Section 34(3) of the Arbitration Act
Summary: The 50% ownership rule has always been the cornerstone of sanctions compliance offering apparent certainty to entities navigating complex cross-border transactions. However, in recent years, global regulators have started looking beyond the ownership percentage, scrutinizing effective control and influence to determine sanctions exposure. This piece examines the evolving sanctions landscape across the US, UK & EU and provides Indian businesses with a practical, risk-based compliance framework to align with international enforcement expectations.
Continue Reading Sanctions Compliance Beyond the 50% Rule: A Practical Guide for Indian Businesses
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
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
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