Introduction The success of international arbitration hinges on the precision and clarity of the dispute resolution clause. Among the most critical, yet frequently confused, terms are ‘seat’ and ‘venue’. While they both relate to the location of an arbitration, they serve fundamentally different functions and carry vastly different legal consequences. A failure to distinguish between…
Introduction In the Indian business context, contracts must be more than simple statements of rights and obligations; they need to be crafted to handle every eventuality. Even the most well-negotiated collaborative relationships can give rise to conflicts over performance, payments, interpretation, or other unforeseen issues. It is during such disputes that contracts are truly tested….
S. K. Builders v. CLS Construction Pvt. Ltd. Court – Delhi High Court Citation – O.M.P. (COMM) 297/2023 Date – 08.08.2025 The Hon’ble Delhi High Court has held that no response does not mean consent for appointment of Arbitrator. Appointment requires positive consent and in the absence of it, the appointment becomes unilateral and illegal….
The Hon’ble Supreme Court, in the case of Union of India & Anr. v. M/S Yasho Industries Limited, Special Leave Petition (Civil) Diary No. 17547/2025, decided on 19.05.2025, upheld the view that payment of pre-deposit under Section 107(6)(b) of the Central Goods and Services Tax (hereinafter referred to as “CGST”) Act, 2017, can be validly…
Introduction In the rapidly evolving landscape of commercial dispute resolution, “emergency arbitration” has emerged as a vital tool for parties seeking urgent interim relief before the constitution of a formal arbitral tribunal. The concept of an Emergency Arbitrator is particularly significant in cross-border commercial transactions where delays in securing urgent interim measures could lead to…
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) has emerged as a cornerstone of India’s economic reforms, providing a unified and efficient framework for resolving corporate insolvency. At the heart of the Code lies the Corporate Insolvency Resolution Process (CIRP)—a time-bound and creditor-driven mechanism aimed at reviving distressed companies or, when revival is not possible,…
Introduction In a significant ruling that reinforces the legislative intent of the Arbitration and Conciliation Act, 1996 (the ‘Arbitration Act’), the Supreme Court of India, in the case of The Managing Director Bihar State Food and Civil Supply Corporation Limited & Anr. v. Sanjay Kumar, has decisively settled the scope of judicial inquiry at the…
The Hon’ble High Court of Telangana, in the case of Air India v. Appellate Authority & Others, Writ Petition No. 6479 of 2019 decided on 07.07.2025, held that a principal employer cannot escape liability for gratuity payments merely by labeling the arrangement as a works contract. FACTS Air India (hereinafter referred to as “the Petitioner”)…
Consolidated Multiple Years GST Show Cause Notices: Is this the Legislative Intent? I.The Issue at Stake A foundational question has long troubled India’s GST regime: Can GST authorities issue a single Show Cause Notice (SCN) covering multiple financial years and pass a composite assessment order for several years at once? While various High Courts have…
Introduction The Digital Personal Data Protection Act (hereinafter referred to as the “DPDPA” or “the Act”) 2023, alters how India looks at data privacy and compliance frameworks. One of the most talked about provisions of the Act is per-transaction, or granular, consent, which requires that a user must provide explicit consent for each and every…
Roshan Agarwal v. National Projects Construction Corporation Limited (NPCCL) & Anr. Court – Calcutta High Court Citation – AP-COM/218/2025 Date – 04.08.2025 The Hon’ble Calcutta High Court has held that the mere use of the expression “Arbitration” in a clause is not sufficient to make the Agreement binding and the intent of the parties…
INTRODUCTION In the fast-paced world of startups, intellectual property (hereinafter referred to as “IP”) is often a company’s most valuable asset. From patents and trademarks to software code and brand identity, these intangible assets can significantly enhance a startup’s market value, competitive advantage, and attractiveness to investors. However, startups frequently overlook a critical process in…
INTRODUCTION The Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) constitutes an exhaustive and systematic legislative framework that governs the law relating to domestic and international commercial arbitration in India. The Act delineates the procedural and substantive aspects of arbitration, aiming to ensure the fair, efficient, and speedy resolution of disputes outside…
INTRODUCTION The digitalization of workplaces has been one of the most profound advancements of the 21st century. As remote work, cloud infrastructure, instant messaging platforms, and employee productivity tools gain popularity, organizations now operate in highly networked environments. While this digitization enhances flexibility and scalability, it has also enabled extensive workplace surveillance. Increasingly, employers are…
Devi Prasad Mishra v. Nayara Energy Limited Court – Allahabad High Court Citation – Civil Misc. Application No. 2 of 2024 Date – 15.07.2025 The Hon’ble Allahabad High Court has held that if only one place is mentioned in the Agreement, then the “venue” will be considered as the “seat” of Arbitration unless something contrary…
As legal professionals, we are often at the forefront of advising businesses on risk mitigation, compliance, and crisis management. The latest IBM Cost of a Data Breach Report 2025 has revealed alarming trends that demand immediate attention from organizations across industries. These findings are not just numbers, but they are a stark reminder of the…
The Hon’ble Supreme Court, in the case of Union of India & Ors. v. HCC VCCL Joint Venture, Special Leave Petition (Civil) Diary No. 24660/2025, decided on 09.07.2025, upheld that mere suspicion of wrongful Input Tax Credit utilisation cannot justify withholding a refund from the Electronic Cash Ledger under Section 108 of the CGST Act….
The Hon’ble Supreme Court of India, in the case of Daivshala & Ors. v. Oriental Insurance Company Ltd. & Anr., Civil Appeal Numbers 6986 of 2015 decided on 28.07.2025, enforced that an accident occurring to an employee while commuting from his residence to the place of employment or vice versa, is covered under the Employees’…
MMTC Limited v. Anglo-American Metallurgical PTY Limited and Ors. Court – Delhi High Court Citation – CS(COMM) 959/2024 Date – 29.07.2025 The Hon’ble Delhi High Court has held that an Arbitral Award cannot be challenged through Civil Suit as it is not allowed under Section 34 read with Section 5 of the Act. The Court…
Kerala GST Department Launches Faceless Adjudication System: A Game-Changer in Tax Administration The Kerala State Goods and Services Tax (SGST) Department has introduced a faceless adjudication system, marking a significant milestone in the state’s efforts to modernize tax administration. This initiative, which officially began on August 1, 2025, is aimed at enhancing transparency, efficiency, and fairness in…
INTRODUCTION The rise of Fintech has disrupted the financial industry and changed consumer behaviour from conventional to more flexible and modern approaches. The wealth, asset management, and insurance advisory services are going through a massive change, and the evolving technology is shaping the developments in the industry. Once marked by specialized human advisors and accessible…
Vedanta Limited v. Gujarat State Petroleum Corporation Ltd. Court – Delhi High Court Citation – ARB.P. 853/2023 & I.A. 20643/2023 Date – 28.07.2025 The Hon’ble Delhi High Court has held that Parties cannot be precluded from Arbitration if there is mere pendency of formal signature by one party and the other party has already signed…
Engineering Projects (India) Limited v. MSA Global LLC (Oman) Court – Delhi High Court Citation – CS(OS) 243/2025 Date – 25.07.2025 The Hon’ble Delhi High Court has held that if proceedings are vexatious, anti – arbitration injunction can be granted by the civil courts in a foreign seated arbitration. The Court held, “114. It has…
INTRODUCTION In an era where intellectual property is a cornerstone of business success, safeguarding your brand identity is paramount. A “trademark” is not just a legal formality, it is a strategic asset that can significantly enhance the value of a company. Whether you are launching a new venture, expanding an existing business, or managing a…
Harkisandas Tulsidas Pabari and Anr. v. Rajendra Anandrao Acharya and Ors. Court – Bombay High Court Citation – Arbitration Appeal No. 62 of 2007 and 63 of 2007 Date – 22.07.2025 The Hon’ble Bombay High Court has held that remission of proceedings to the same Arbitrator under Section 33 and 34(4) can only be done…
Britannia Industries Ltd. Vs. Assistant Commissioner of Commercial Taxes Citation – W.P. No. 33963 of 2024 Court –Karnataka High Court Date – 18.06.2025 The Hon’ble Karnataka High Court has held that the unilateral debit of disputed interest from the electronic cash ledger, during the pendency of an appeal, is not permissible under Section 107(7)…
INTRODUCTION As data privacy regulations tighten across the globe, businesses are under growing pressure to keep clear, organized records of how they handle personal data. One such tool widely used internationally is the ‘Record of Processing Activities’, commonly referred to as ROPA. Mandated under the European Union’s (hereinafter referred to as “EU”) General Data Protection…
The Hon’ble Madras High Court in the case of Kaajal Agarwal v. State Tax Officer, Chennai Writ Petition No. 20985 of 2025, decided on 16.06.2025, concerns a dispute over alleged mismatch of Input Tax Credit (hereinafter referred to as “ITC”) between GSTR-1 and GSTR-3B for FY 2019–20, leading to a demand under Section 73 of…
Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Limited Citation – AP-COM/428/2025 Court – Calcutta High Court Date – 21.07.2025 The Hon’ble Calcutta High Court has held that if sufficient cause is shown, an Arbitrator’s mandate can be extended multiple times by the Court under Section 29A(5). The Court held, “10. Thus, in my view, the first…
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