Disputes

Loss of Profits vs. Loss of Profitability in Construction Contracts: Navigating the Legal Maze for Accurate Claims

Summary: The Indian construction industry has long grappled with a fundamental confusion that has cost contractors millions in unrecovered damages. The terms “profits” and “profitability” have frequently been used interchangeably by the legal community in India when addressing cases related to damages from contractual breaches. However, the two stand as distinct concepts and conflating them can lead to confusion or raise questions on legitimacy. Recent judicial developments, however, are finally bringing much-needed clarity to this critical distinction.Continue Reading Loss of Profits vs. Loss of Profitability in Construction Contracts: Navigating the Legal Maze for Accurate Claims

Expert Witnesses in International Arbitration: Untangling Complexity or Adding to the Cacophony?

Summary: This article examines the role of expert witnesses in international arbitration, highlighting their potential to clarify complex technical issues and assist tribunals in decision-making. However, it also critiques the challenges posed by party-appointed experts who may lack neutrality, and tribunal-appointed experts who may overstep their roles. The article discusses how expert reports often become overly complex and contradictory, hindering rather than helping the arbitration process. To address these issues, it proposes structured protocols, ethical standards, and innovative practices like “hot tubbing” and “expert teaming” to improve clarity, impartiality, and collaboration, ultimately aiming to make expert involvement a constructive force in arbitration.Continue Reading Expert Witnesses in International Arbitration: Untangling Complexity or Adding to the Cacophony?

Beyond the Signature: Who Gets a Seat at the Arbitration Table?

Summary: This blog clarifies the prior steps that must be taken before approaching a magistrate with an application under Section 156(3) CrPC- with reference to a recent judgement of the Supreme Court in Anurag Bhatnagar. We explain how the judgement in Anurag Bhatnagar ought not to be taken as a blanket exemption from the pursuing the prior steps.Continue Reading Steps under Section 154 CrPC no longer mandatory? Judgment in Anurag Bhatnagar-unique outlier or shift in jurisprudence?

Beyond the Signature: Who Gets a Seat at the Arbitration Table?

Summary: In a recent ruling, the Hon’ble Supreme Court of India has held that (a) non-signatories cannot attend arbitration proceedings, re-affirming the confidentiality mandate under Section 42A of the Arbitration and Conciliation Act, 1996 (“Act”); and (b) a court becomes functus officio once an arbitrator is appointed under Section 11(6) of the Act. With Section 42A as its shield and the doctrine of functus officio as its sword, the Hon’ble Supreme Court has once again underscored that arbitration is not a spectator sport.Continue Reading Beyond the Signature: Who Gets a Seat at the Arbitration Table?

Absence of Due Diligence Not Money Laundering

Summary: The article highlights the powers of statutory auditors following the recent judgment, clarifying that statutory auditors cannot be held liable for money laundering solely because of lack of due diligence or negligence. The article also emphasises that criminal liability under PMLA requires clear evidence of collusion and that auditors are not expected to probe beyond their professional auditing role.Continue Reading Absence of Due Diligence Not Money Laundering

From Contracts to Chatbots: Navigating Justice in New-Age Disputes

Summary: At a recent thought leadership session on “Navigating Change: A Strategic Overview on Geopolitics, Regulation & AI”, our partner Ankoosh K. Mehta engaged in a lively conversation about New Age Disputes with Bhart Forge President and Group Counsel Vikram Munje. The article below is a synopsis of that discussion. Continue Reading From Contracts to Chatbots: Navigating Justice in New-Age Disputes

Summary: The United States has recently imposed an additional 25% ad valorem tariff on Indian imports, raising the total tariff to 50%. Positioned as a “penalty” for India’s continued trade in Russian oil, this measure marks a shift from purely reciprocal trade action to an instrument of foreign policy enforcement. In this article, we discuss the key features of the new order, its commercial and compliance implications for Indian exporters, and the steps businesses can take to manage legal and operational risks in light of these developments.Continue Reading U.S. Doubles Down: Tariffs on Indian Imports Surge from 25% to 50%

U.S. Tariff and Sanctions Actions Target Indian Trade: Key Considerations for Businesses

On July 30, 2025, U.S. President Donald Trump announced that the United States would impose a 25 per cent tariff on all goods imported from India. This announcement was first made via a social media post[1] and triggered widespread concern among Indian exporters and multinational stakeholders with supply chain links to India. On July 31, 2025 it was formalised by an executive order[2] which imposed varying ‘reciprocal tariffs” on a range of goods from 69 countries and European Union, including India. For countries not listed, a default rate of 10 per cent will apply. This order will be effective on August 7, 2025.Continue Reading U.S. Tariff and Sanctions Actions Target Indian Trade: Key Considerations for Businesses

Summary: This blog examines the increased compliance challenges faced by Indian companies due to the introduction of EU sanctions. European financial institutions and trading partners strictly enforce these measures, often adopting a zero-tolerance approach to secondary exposure. Consequently, Indian businesses with links to European markets must conduct rigorous due diligence as they face the risk of being cut off from euro-denominated transactions or even delisted from European stock exchanges.Continue Reading Emergence of the EU sanctions regime and their wide-reaching cross-border impact

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.Continue Reading Full Bench of Bombay High Court Clarifies Scope of Appellate Review of Temporary Injunction Orders