India: Litigation, Mediation & Arbitration

In a landmark judgment delivered on 31.10.2025, the Hon’ble Supreme Court of India has fortified the bedrock principle of attorney-client privilege while delineating clear boundaries for investigative agencies seeking to summon advocates.

The rapid proliferation of artificial intelligence tools has generated pressing questions regarding the continued integrity of legal professional privilege.

International arbitration operates in an ethical gray zone when confronted with illegally obtained evidence. This paper examines whether arbitral tribunals possess the authority...

The Bombay High Court in Oil and Natural Gas Corporation Limited v. Swiber Offshore Construction Pte Limited , held that post-award interim protection under Section 9 of the Arbitration and Conciliation Act, 1996, though maintainable at the instance of an unsuccessful party, cannot be granted as a matter of routine. An adverse award raises the threshold to exceptional and compelling circumstances beyond the ordinary prima facie case, balance of convenience and irreparable injury test.

Examination of Supreme Court’s Orient Crafts judgment holding CBDT circulars bind revenue authorities but not courts, clarifying separation between executive interpretation and judicial precedent

Arbitration is known to be a preferred mechanism for dispute resolution in comparison to court proceedings. One of the many reasons arbitration is preferred to court proceedings is time efficiency. Arbitration stakeholders globally recognise the need for expedited outcomes and often advocate the necessity for further enhancing arbitration processes with newer expedited arbitration mechanisms.

Velusamy Karuppannan (the ‘Informant’), a software professional, alleged before the CCI that AVEVA Group Limited and its Indian subsidiaries (collectively, ‘AVEVA’) contravened Sections 3(4) and 4 of the Act by abusing its dominant position in the market for industrial automation software (Manufacturing Execution Systems (‘MES’), Supervisory Control and Data Acquisition (‘SCADA’), and Historian) through: (i) coercing customers into the AVEVA Flex Subscription model and hiding perpetual licenses, driving higher prices and minimum credit commitments...

The Delhi High Court’s judgment in Jyoti Singh & Anr. v. State Govt. of NCT of Delhi & Ors., decided on 29 September 2026, addresses whether maintenance proceedings can be defeated when the judgment debtor cannot be traced. The Court held that a claimant’s inability to provide the debtor’s current address is not, by itself, a reason to dismiss execution proceedings. Courts must use available legal mechanisms to trace the debtor and enforce the order.

When commercial negotiations fail, parties face a critical choice: pursue traditional court litigation or opt for arbitration. India's Arbitration and Conciliation Act, 1996 established a comprehensive framework for alternative dispute resolution, but has arbitration truly delivered on its promise as an effective alternative? This analysis examines the practical realities, statutory provisions, and comparative advantages of arbitration versus conventional litigation in the Indian legal system.

The Court of Appeal has ruled that ratifying the New York Convention does not automatically waive sovereign immunity in arbitral award enforcement proceedings. This decision clarifies the distinction between...

A Decree Holder seeks to execute an arbitral award of ₹385 crore through attachment and sale of properties, while Judgment Debtors argue they are undergoing Personal Insolvency Resolution Process under IBC, 2016. The central question is whether execution proceedings can continue when the statutory moratorium has expired but insolvency proceedings remain active, and whether this would grant preferential treatment disrupting the proposed repayment plan.

Our Partner, Sidharth Sethi, was invited as a speaker by the Department of Legal Affairs, Ministry of Law & Justice (DLA MoL&J) and the India International Arbitration Centre...