Disputes

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

Law Governing Arbitration Agreement: Which Way are Indian Courts Headed?

The process and outcome of arbitration is largely governed by the following laws: (a) law governing the contract referring to the substantive law that parties choose to govern the main contract and any disputes arising thereunder; (b) law governing the arbitration agreement referring to the law that parties choose to govern arbitration agreement (it governs issues like validity, arbitrability, etc.); (c) law governing conduct of arbitral proceedings and forum for related court proceedings (i.e. law of the seat) and (d) Institutional rules (if chosen), governing the form and procedure of arbitration.Continue Reading Law Governing Arbitration Agreement: Which Way are Indian Courts Headed?

Fraud-Related Disputes Arbitrable: Bombay High Court

Arbitrability of a dispute is a key factor in any arbitration, as it establishes the jurisdictional reach of an arbitral tribunal. In Booze Allen and Hamilton Inc. v. SBI Home Finance Ltd.,[1] the Supreme Court stated that the disputes dealing with rights in personam are arbitrable, but those pertaining to rights in rem are not as they can affect the public.Continue Reading Fraud-Related Disputes Arbitrable: Bombay High Court

CONUNDRUM SURROUNDING SECTION 42 OF ARBITRATION AND CONCILIATION ACT, 1996

INTRODUCTION

India’s arbitration law is thorough and organic because of its ever-evolving nature, through several amendments and decisions of the courts from time to time. However, the strict wordings of certain provisions contained in the Arbitration and Conciliation Act, 1996 (“Arbitration Act”),have caused a stir, for which courts have had to step in and use the tools of interpretation to resolve such practical dilemmas. Continue Reading Conundrum Surrounding Section 42 of Arbitration and Conciliation Act, 1996