Disputes

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

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

Dissolved but Not Defeated: How Struck-Off Companies Enforce Arbitral Wins

Summary: When a company is struck off from the Register of Companies (ROC), it is deemed dissolved under the Companies Act, 2013, but this does not nullify its legal rights, including those arising from arbitral awards. The Arbitration and Conciliation Act, 1996, does not recognise striking off as a ground to set aside or resist enforcement of an award. Section 250 of the Companies Act explicitly allows dissolved companies to continue operating for the purpose of realising dues and settling liabilities. Indian courts, including in Exotic Buildcon, Value Advisory, and AB Creations, have affirmed that arbitral awards remain enforceable even if the company is struck off, provided it is restored to the register. Restoration retroactively validates the company’s existence, enabling it to pursue claims and enforce awards, making dissolution a procedural pause rather than a termination of justice.Continue Reading Dissolved but Not Defeated: How Struck-Off Companies Enforce Arbitral Wins

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

Alternate remedy no bar to High Courts exercising inherent jurisdiction under Section 482 CrPC: Supreme Court

Summary: Commonly (mis)understood to be only a power of quashing, Section 482 CrPC (now Section 528 BNSS) is much broader in ambit. The Section recognises the inherent jurisdiction High Courts in India have in dealing with criminal matters, including the power to prevent abuse of process of “any court” or pass orders to “secure the ends of justice”.Continue Reading Alternate remedy no bar to High Courts exercising inherent jurisdiction under Section 482 CrPC: Supreme Court

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