India: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
From Market Entry To Market Reality: The Legal Risks Foreign Companies Often Underestimate In India
Most foreign companies spend months deciding how to enter India, i.e., whether to set up a subsidiary, form a joint venture with a local partner or open a branch. Far fewer spend the same effort on what happens once the entity exists. Yet it is usually after entry, when the business is running and the relationships are tested, that the gap between what an investor expected and what Indian law actually gives it becomes visible.
India Commercial
LP
Legitpro Law
Article
Faster To Arbitration, Still Shut Out On Tax: What India's New Investment Treaties Mean For Foreign Investors
In December 2020, an arbitral tribunal ordered India to pay Cairn Energy about USD 1.2 billion, plus interest and costs, for a tax demand raised under a retrospective amendment. Three months earlier, Vodafone had won a similar case. Both claims succeeded because the investment treaties under which they were brought did not exclude tax. Under the treaties India signs today, neither claim could have been brought at all.
India Tax
LP
Legitpro Law
Article
Limitation Of Liability Clauses In India: Are They Really Enforceable?
Limitation of liability clauses are generally enforceable in India, but only within limits that the Indian Contract Act, 1872 and the courts have drawn. A cap on damages is treated as a legitimate allocation of commercial risk between informed parties; a clause that tries to excuse fraud, wilful misconduct or a deliberate breach, or that is imposed through unequal bargaining power, is far more likely to fail.
India Commercial
LP
Legitpro Law
Article
Venture Global v Galp: Why Operational Difficulty And A Windfall Spot Market Do Not Rewrite A Long-Term LNG Contract
An ICC tribunal has held that Venture Global's Calcasieu Pass unit breached its long-term LNG supply agreement with Portugal's Galp by failing to declare commercial operations in time. For anyone buying or selling term LNG, the award says a good deal about how far a seller can rely on problems at its own plant, and on a rising spot market, to put off performance.
India Commercial
LP
Legitpro Law
Article
Unilateral Appointment Of Sole Arbitrator Contrary To Agreed Procedure Is Invalid Even In Pre-2015 Amendment Arbitrations: Delhi High Court
In Tarsem Jain v. Bharat Forge Limited and Anr. [2026:DHC:8624-DB], the Delhi High Court considered whether a sole arbitrator unilaterally appointed by one party, contrary to the appointment mechanism contained in the contract and Section 11 of the Arbitration and Conciliation Act, 1996, could be sustained because the other parties subsequently participated in the arbitral proceedings.
India Litigation
Trinity Chambers
Article
Monthly Newsletter Arbitration - September 2026
The appellant challenged the impugned order passed by the Hon’ble High Court u/s 37(2)(a) of the Arbitration and Conciliation Act, 1996 (“Act”) whereby the High Court affirmed the order dated 23.10.2024 passed by the Ld. Sole Arbitrator directing the deletion of respondent nos. 2, 3, 5 and 7 from the array of parties to the arbitral proceedings, on the finding that they were non-signatories to the agreements in their personal capacities.
India Litigation
PL
Phoenix Legal
Article
Leadership Under Pressure: Lessons On Crime, Crisis Management And The Rule Of Law
Leadership is often tested not during periods of stability, but in moments of extraordinary uncertainty. Whether confronting organised criminal networks, managing terrorist threats, or leading hostage rescue operations where every decision carries life-and-death consequences, public leadership demands clarity of purpose, sound judgment, and unwavering commitment to the rule of law.
India Criminal
Foresight Law Offices
Article
When Should A Business Choose Arbitration Over Commercial Litigation? Key Considerations For Employers
Business disputes often require formal resolution mechanisms when negotiation fails. Understanding the key differences between arbitration and commercial litigation—including costs, confidentiality, enforceability, and arbitrability—helps employers make informed decisions about which dispute-resolution route best serves their commercial interests under India's Arbitration and Conciliation Act, 1996.
India Litigation
AL
Anhad Law
Article
RERA vs NCLT Vs NCDRC: Where A Home Buyer Shall Go To Redress His Grievance
Real estate disputes in India can be addressed through three primary forums: RERA, NCDRC, and NCLT. Each forum offers distinct mechanisms for homebuyers seeking redressal, from regulatory compliance and consumer protection to insolvency proceedings. Understanding the jurisdiction, scope, and appropriate application of each forum is crucial for effective dispute resolution in real estate transactions.
India Litigation
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
Litigation Update | Supreme Court Upholds Occupants' Rights In Redevelopment Projects, Reinstates Mhada Orders For Permanent Alternate Accommodation
The Supreme Court of India has delivered a landmark ruling in a redevelopment dispute, firmly establishing that Permanent Alternate Accommodation Agreements executed under the Maharashtra Housing and Area Development Act are statutory instruments, not mere private contracts. This decision addresses critical questions about developer obligations, occupant rights, and regulatory authority when redevelopment projects fail to honor commitments made to original tenants.
India Real Estate
MH
Mansukhlal Hiralal & Co.
Article
Cross-Border Child Custody Disputes In India: Navigating Between Personal Laws, Guardians And Wards Act, And The Hague Convention
In an increasingly interconnected world, international marriages and relationships have become commonplace, bringing diverse cultures together but also introducing complex legal challenges when these relationships dissolve. Among these challenges, cross-border child custody disputes stand as perhaps the most emotionally charged and legally intricate. These disputes arise when parents from different countries or jurisdictions separate and disagree about where and with whom their child should live, creating situations that test the resilience and adaptability of legal systems worldwide.
India Litigation
ML
MZM Legal
Article
Empowerment vs. Entrapment Gender Justice And The Misuse Of Legal Protections For Women In India
India’s legislative journey towards gender equality has seen commendable progress. Over the last few decades, a series of statutes and amendments were enacted to protect women from systemic oppression, dowry-related harassment, domestic abuse, and economic neglect. The aim was clear to empower women within the patriarchal structures of Indian society. These laws include Section 498A of the Indian Penal Code IPC, the Dowry Prohibition Act, Section 125 of the Criminal Procedure Code CrPC, and the Protection of Women from Domestic Violence Act 2005, among others.
India Government
ML
MZM Legal
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