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ARTICLE · 19 NOVEMBER 2025

Dispute Resolution & ADR Newsletter - November 2025

The November 2025 edition of Fox & Mandal's Dispute Resolution & ADR Newsletter analyses the test for exemption from pre-suit mediation for IPR infringement; disqualification of an arbitrator for having previously adjudicated an identical clause; insolvency initiation by cumulative redeemable preference shareholders; key features of speculative investment; and other recent judgments of the Supreme Court of India and various High Courts.

IndiaLitigation, Mediation & Arbitration

The November 2025 edition of Fox & Mandal's Dispute Resolution & ADR Newsletter analyses the test for exemption from pre-suit mediation for IPR infringement; disqualification of an arbitrator for having previously adjudicated an identical clause; insolvency initiation by cumulative redeemable preference shareholders; key features of speculative investment; and other recent judgments of the Supreme Court of India and various High Courts.

  • Continuing infringement involving irreparable injury may fulfil the urgency test for exemption from pre-suit mediation
  • Interpretation of a similar clause in a prior proceeding is not a ground for disqualification of an arbitrator
  • Cumulative Redeemable Preference Shareholders cannot initiate insolvency

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