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ARTICLE · 15 MAY 2026

Dispute Resolution And ADR - Newsletter - May 2026

Fox & Mandal
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The May 2026 edition of Fox & Mandal's Dispute Resolution & ADR Newsletter analyses lifting the corporate veil during insolvency; functional dependence in the delineation of relevant market under competition law; post-award interim relief by an unsuccessful party; GST on damages in arbitral award; and other recent judgments of the Supreme Court of India and various High Courts.

IndiaLitigation, Mediation & Arbitration
Ashutosh Gupta
Ashutosh Gupta
Kartikey Bhatt
Kartikey Bhatt
Kunal Mimani
Kunal Mimani
Parag Chaturvedi
Parag Chaturvedi
Debayan Sen
Debayan Sen
Niket Ojha
Niket Ojha
Shraddha Chirania
Shraddha Chirania
Abhinav Jain
Abhinav Jain
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  • Integrated corporate structures may justify lifting the corporate veil in CIRP
  • Unsuccessful parties can seek post-award interim relief
  • GST cannot be levied on damages paid under an arbitral award
  • Market definition under competition law must reflect functional dependence and economic reality
  • CIRP costs must be directly linked to the resolution process and approved by the CoC
  • Extension of arbitrator’s mandate is permissible even after lapse of time limit

Integrated corporate structures may justify lifting the corporate veil in CIRP

Alpha Corp Development Pvt Ltd v. GNIDA

Supreme Court of India | Civil Appeal No. 1526 of 2023

The Supreme Court held that while subsidiary companies are ordinarily distinct legal entities, the corporate veil may be lifted in appropriate cases during insolvency proceedings where group entities are functionally and economically integrated. The judgment strikes a careful balance between commercial reality and legal structure by recognising the

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