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ARTICLE · 14 AUGUST 2026

Dispute Resolution & ADR Newsletter - August 2026

The August 2026 edition of Fox & Mandal's Dispute Resolution & ADR Newsletter analyses the validity of ex post facto environmental clearance; AI training on publicly available copyrighted content; qualification of payment default under a settlement deed as an operational debt; right to apply to Indian Courts as the determining factor for limitation on enforcing a foreign award; and other recent judgments of the Supreme Court of India and various High Courts.

IndiaLitigation, Mediation & Arbitration

Ex post facto environmental clearance is impermissible

Vanashakti v. Union of India

Supreme Court of India | Writ Petition (Civil) No. 1394 of 2023

The Supreme Court has held that the grant of ex post facto environmental clearances (ECs) is unconstitutional and against the Environment (Protection) Act, 1986 (EP Act), while preserving the validity of the already-granted post facto ECs for existing projects.

This decision signals a decisive shift in judicial attitude toward environmental violations, significantly impacting the real estate, infrastructure, and power sectors, amongst others. Prior EC is now a strict legal requirement, not a post facto formality, as violations will not be excused through regularisation. Companies should reinforce internal environmental governance frameworks and engage early with the Environmental Impact Assessment (EIA) process to mitigate legal, financial, and reputational risks. Further relief for projects commenced without prior EC will remain

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