The Fourth Party at the Indian Tribunal Table
When two parties agree to arbitrate, they agree to place their dispute before a person, or a panel of persons, whom they trust to decide it. That is the whole of the bargain. Everything else, the seat, the rules, the language and the timetable, is machinery built around a single human act of judgment. It …
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ESG and Sustainable Infrastructure Financing in India: The Investment and Regulatory Shift Reshaping Infrastructure in 2026
India’s infrastructure story is no longer being driven solely by scale, speed, and capital expenditure. In 2026, investors, lenders, regulators, and project developers are increasingly asking a different set of questions: How sustainable is the asset? Can the project withstand climate disruption? Does the governance framework inspire institutional confidence? Will the project remain financeable over …
GIFT City’s Next Phase: How India’s IFSC Is Becoming a Global Financial Hub
For years, India-linked international financing transactions were routinely structured through offshore jurisdictions such as Singapore, Dubai, Mauritius or London. Whether it involved fund management, aircraft leasing, offshore debt, private credit or cross-border investment platforms, global capital often flowed into India through foreign financial centres rather than through India itself. That dynamic is now beginning to …
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Change in Law in Power Purchase Agreements: Coal Block Cancellation and the Allocation of Contractual Risk
Introduction The long-term stability of India’s power sector depends not only on generation capacity and infrastructure growth, but also on the legal and regulatory certainty governing fuel supply arrangements. Power Purchase Agreements (“PPAs”), particularly those executed through competitive bidding under the Electricity Act, 2003, are structured on commercial assumptions relating to the long-term availability, pricing, …
Investing in Indian Infrastructure: What Foreign Investors Need to Evaluate Beyond Financing
India’s infrastructure sector continues to attract unprecedented international attention. From renewable energy parks and airports to data centres, logistics corridors, urban mobility systems and green hydrogen projects, global institutional investors are increasingly viewing Indian infrastructure as a long-term strategic asset class rather than merely an emerging market opportunity.
Section 28A of the Land Acquisition Act: Bombay High Court Clarifies That Compensation Is Not Capped by the Foundational Award
Introduction The principle underlying compulsory land acquisition is that when private property is acquired by the State for a public purpose, affected landowners must receive fair and reasonable compensation. However, under the framework of the Land Acquisition Act, 1894, a significant disparity historically emerged between landowners who sought judicial enhancement of compensation under Section 18 …
Section 133 of the Indian Contract Act: Variance of Contract and Limitation of Surety Liability upon Unilateral Enhancement of Credit Facilities
Introduction Contracts of guarantee play a critical role in modern banking and commercial lending transactions. Financial institutions routinely rely on personal guarantees and corporate guarantees to secure repayment obligations where borrowers lack sufficient collateral security. At the same time, the Indian Contract Act, 1872 incorporates important statutory protections to ensure that a surety’s liability is …
Challenging ‘Purported Awards’ under Section 34 of the Arbitration and Conciliation Act, 1996: Doctrinal Foundations and Emerging Jurisprudence
Introduction One of the recurring jurisdictional questions in Indian arbitration law concerns the status of a “purported arbitral award” namely, an award rendered in the absence of a valid arbitration agreement or by a tribunal lacking inherent jurisdiction. The issue raises a fundamental doctrinal question: can such an award be challenged under Section 34 of …
Reconsidering Compromise and FIR Registration: A Doctrinal Analysis of Mandatory FIR Registration under the CrPC and BNSS
Introduction The relationship between compromise settlements and the mandatory registration of FIRs continues to generate significant debate within Indian criminal jurisprudence. A recurring question before courts is whether an attempted settlement between parties can dilute or postpone the statutory obligation of the police to register an FIR where information discloses the commission of a cognisable …
The Role of Intellectual Property (IP) Policy in the Malaysian Public Sector
In Malaysia, intellectual property (IP) is no longer confined to private enterprise, it has become an increasingly valuable asset within the public sector. Government agencies, statutory bodies, and public universities generate significant IP through publicly funded research, administrative innovation, and service delivery improvements. The National Intellectual Property Policy (NIPP) provides the overarching framework, while the …
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