Introduction In India, arbitration has become a preferred dispute resolution mechanism for commercial matters. Its key advantages—neutrality, efficiency, and cost-effectiveness—enhance its appeal, especially when compared to potentially lengthy court litigation. A common question from clients is: what is the actual cost of arbitration in India? The common perception is that arbitration is always less expensive…
INTRODUCTION Artificial Intelligence (“AI“) chatbots are becoming integral to our everyday lives as educational resources and even psychological aides. Their design and conversational mechanisms attract the young and adolescent demographic, who are looking for help and communication in the digital world. The recent lawsuit filed by the parents of a teenager against OpenAI, alleging that…
Introduction Financial service providers (FSPs), including banks, Non-Banking Financial Companies (NBFCs), insurance companies, and other regulated financial institutions, play a critical role in the stability and growth of the Indian economy. Their unique functions—involving public deposits, payments, credit intermediation, and safeguarding investor interests—necessitate a distinct resolution framework when these entities face financial distress. The Insolvency…
State of U.P. and 2 Others v. Satish Chandra Shiv Hare-Brothers Court – Delhi High Court Citation – Matters under Article 227 No. – 11680 of 2023 Date – 25.08.2025 The Hon’ble Delhi High Court has held that statutory interest can be granted by Executing Court under Section 36 which may not have been mentioned…
The Paradigm Shatter: Understanding India’s Negative List Breakthrough Every major data protection framework from GDPR to China’s Cybersecurity Law operates on a restrictive foundation. Likewise, under the Digital Personal Data Protection Act,2023(DPDPA), the data of “Data Principal”( Subject Data in GDPR) cannot cross borders unless specific conditions are met. The European Union’s “adequacy decisions”…
In Satyadevi Alamuri (Liquidator of M/s. G.B. Engineering Enterprises Pvt. Ltd.) v. Assistant Commissioner of GST & Central Excise, W.P.(MD) No. 28930 of 2024, decided on 28.07.2025, the Hon’ble Madras High Court dismissed the Department’s demand for tax, interest, and penalties, ruling that deposits made in the Electronic Cash Ledger during liquidation constitute a legitimate…
Introduction In India, wage-related laws have historically been complex and varied across sectors, which often created confusion for both employers and employees. To address this, the Government of India introduced the Code on Wages, 2019, a landmark legislation consolidating and harmonizing four major labour laws related to wages, bonuses, minimum wages, and equal remuneration…
Introduction India’s business landscape is characterized by large groups of interconnected companies, including parent firms, subsidiaries, and affiliates with deeply intertwined financial and operational relationships. When a company within such a group faces insolvency, the distress often spreads throughout the network, making isolated resolutions inefficient and value-destructive. Traditionally, the Insolvency and Bankruptcy Code, 2016 (IBC)…
Surender Bajaj v. Dinesh Chand Gupta and Ors. Court – Delhi High Court Citation – ARB.P. 1076/2025 Date – 19.08.2025 The Hon’ble Delhi High Court has held that a Section 11 Application cannot be filed if order dismissing Section 8 Application is not set aside as such order amounts to res judicata. The Court held,…
INTRODUCTION Small and medium enterprises (hereinafter referred to as “SMEs”) put food on the table for most Indians. Think of a neighborhood Kirana store, a small eatery down the lane, an online apparel seller in the heart of Bengaluru, or even a local taxi service in Cochin. Individually, each of these may not seem like…
Introduction In a significant ruling that reinforces the primacy of substance over form in commercial contracts, the Supreme Court of India has held that an arbitration agreement can be binding even if it is not signed by a party, provided their conduct demonstrates clear consent to its terms. The bench in the case of Glencore…
INTRODUCTION In the modern-day economy, data is no longer an afterthought of a business, it has become an invaluable resource. It is the currency that drives commerce, innovation, and consumer confidence. In this regard, the question of where data should reside is polarizing governments, businesses, and consumer trust. The increasing number of cyber threats, evolving…
The Hon’ble Calcutta High Court in Tara Lohia Private Limited v. Additional Commissioner, CGST & CX, WPA 9655 of 2025, July 9, 2025, held that assesses must prove through bank statements or equivalent evidence that supplier payments were made within 180 days to retain ITC under Section 16(2) of the Central Goods and Services Tax…
Introduction Section 29A of the Insolvency and Bankruptcy Code (IBC), 2016, is a critical and often-debated provision that has fundamentally shaped India’s insolvency landscape. It acts as a gatekeeper, establishing a restrictive framework that determines who is ineligible to submit a resolution plan for a distressed company. The section was introduced to protect the integrity…
Introduction Under the Insolvency and Bankruptcy Code, 2016 (IBC), the Corporate Insolvency Resolution Process (CIRP) is a time-bound mechanism managed by two distinct office-holders: the Interim Resolution Professional (IRP) and the Resolution Professional (RP). The process begins with an IRP, who takes immediate control of the debtor’s assets, stabilizes operations, verifies creditor claims, and forms…
K.Bala Vishnu Raja v. Emaar Hills Township Private Limited and Others Court – Telangana High Court Citation – CC.R.P. Nos. 1014 and 1184 of 2024 Date – 19.08.2025 The Hon’ble Telangana High Court has held that an a Non-signatory must have close and live connection to the Arbitration Agreement for being made a part of…
Introduction Financial distress experienced by Micro, Small, and Medium Enterprises (MSMEs) in India is often not an indication of fundamental business weaknesses but rather the result of external shocks like delayed payments, supply chain disruptions, or working capital gaps. Traditional insolvency proceedings under the Insolvency and Bankruptcy Code (IBC) have proven to be costly, time-consuming,…
INTRODUCTION India’s labour law landscape has long been characterized by a complex and fragmented array of regulations. With over 40 central labour laws and numerous state-specific enactments, navigating compliance has been a significant challenge for employers and employees alike. Recognizing the need for simplification, modernization, and better protection for workers, the Government of India undertook…
Neosky India Limited & Anr. v. Mr. Nagendran Kandasamy & Ors. Court – Delhi High Court Citation – O.M.P.(I) (COMM.) 183/2024 Date – 11.08.2025 The Hon’ble Delhi High Court has held that Restrictive Covenants after termination of Employment Contract are void as per the Section 27 of the Indian Contract Act 1872. The Court vacated…
Introduction Trademark disputes frequently raise complex issues involving the rights of prior use, the procedures prescribed for registration, and the scope of third-party intervention at different stages of the trademark application process. One recurring point of controversy relates to whether a third party is entitled to be heard by the Registrar before the advertisement of…
Introduction The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC”) has reshaped India’s approach to insolvency by establishing a clear, time-bound, and transparent mechanism aimed at protecting stakeholder interests, ensuring fair outcomes, and supporting economic stability. Within this framework, Form G occupies a pivotal position in the Corporate Insolvency Resolution Process (CIRP), acting…
INTRODUCTION In today’s interconnected global economy, intellectual property (hereinafter referred to as “IP”) is no longer confined by national borders. Businesses operate in multiple jurisdictions, supply chains span continents, and products and services are accessible worldwide via digital platforms. While globalization has expanded market opportunities, it has also made IP rights more vulnerable to cross-border…
Glen Industries Private Limited v. Oriental Insurance Company Limited Court – Calcutta High Court Citation – AP-COM/540/2025 Date – 12.08.2025 The Hon’ble Calcutta High Court has held that the proceedings between Expiry of Arbitrator’s Mandate and its Extension are not Void if Mandate is Extended. The Court held, “13. The legislative intent was that…
INTRODUCTION The online gaming industry in India is growing at an unprecedented rate. It fulfills the criteria of a very dynamic branch of the digital economy. Affordable smartphones, cheap data plans, and youth with technology knowledge have converted casual plays into a full-fledged industry. Real-money platforms such as fantasy sports, poker, rummy, and other skillful…
Introduction In India’s insolvency ecosystem, the Committee of Creditors (CoC) occupies a pivotal position within the Corporate Insolvency Resolution Process (CIRP) framework established by the Insolvency and Bankruptcy Code, 2016 (IBC). After the National Company Law Tribunal (NCLT) admits a company into the CIRP, the interim resolution professional collects and validates claims and forms the…
Introduction In India, arbitration is one of the most preferred methods of resolving commercial disputes because it upholds party autonomy, procedural flexibility, and cost-effectiveness. In complex and document-intensive cases, specialized tribunals and streamlined processes frequently offer more efficient and reliable outcomes compared to traditional litigation. A critical question in this domain is whether disputes involving…
Indraprastha Power Generation Co. Ltd. v. EM Services (I) Pvt. Ltd. Court – Delhi High Court Citation – O.M.P 717/2010 Date – 13.08.2025 The Hon’ble Delhi Court has held that an Arbitral award refusing to frame an issue for the counter claim is patently illegal and would be against the fundamental policy of…
INTRODUCTION In the digital era, the term data has evolved for businesses spread across various economic sectors. The rise of e-commerce, fintech, and digital startups has led to massive personal data collection, making privacy a central concern. In a landmark step and paramount legislation, Indian legislators have passed the Digital Personal Data Protection Act (hereinafter…
The Gujarat High Court, in Tractors and Farm Equipment Ltd. & Anr. v. Union of India & Ors. , Special Civil Application No. 22073 of 2019, decided on 03.07.2025, quashed the penalty imposed under Section 129 of the Goods and Services Tax (hereinafter referred to as “GST”) Act, 2017, on the ground that the authorities…
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