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This newsletter examines landmark Supreme Court judgments from May 2026 across arbitration, civil law, criminal procedure, insolvency, and white-collar crime. The cases address critical questions including judicial intervention in arbitral proceedings, inter-state taxation of natural gas sales, benami property transactions, delays in judgment pronouncement, resolution plan compliance, and multiplicity of FIRs in economic offences.

This request entirely depends upon the comity of courts towards each other and usages of the court of another nation.

In the recent years, particularly 2014 and 2015, the High Courts of different States in India were faced with the submission or issue: ‘Whether two Indian parties to a dispute can choose a foreign seat'.

The January 2026 edition of Fox & Mandal's Dispute Resolution & ADR Newsletter analyses whether a promotor's undertaking to infuse funds into a debtor amounts to a guarantee; arbitrability of software ownership disputes involving intellectual property rights; forfeiture of earnest money when both parties are at fault; whether employment disputes are ‘commercial disputes' under the Commercial Courts Act, 2015; and other recent judgments of the Supreme Court of India and various High Courts.

The judicial developments in arbitration in India in 2014 have been both encouraging and curious at the same time.

The Mediation Act 2023 received the President's assent on 14th September 2023 and came to be published and notified by the Ministry of Law and Justice in the Gazette of India on 15th September 2023.

Section 44A ("Section") was introduced/inserted by way of an amendment to the Code of Civil Procedure, 1908 ("CPC") in 1937.

This paper attempts to delineate various aspects of Section 138 of the Negotiable Instruments Act. Section 138 is the principal section dealing with dishonor of cheques.

Dumping is said to have taken place when an exporter sells a product to exporting country at a price less than the price prevailing in its domestic market. When dumping causes or threatens to cause material injury to the domestic industry of the importing country, the Designated Authority initiates necessary action for investigations and subsequent imposition of anti-dumping duties.

This newsletter examines landmark Supreme Court rulings from July 2026 across arbitration, civil law, criminal procedure, insolvency, and white-collar crime. Key decisions address the limits of judicial intervention in arbitral proceedings, the scope of default bail under the new criminal code, and the interplay between insolvency moratoriums and consumer protection remedies.

The Constitution of India is the supreme law of the land and forms the basis of Indian law and the parliamentary system of government – the Indian judiciary is independent of the executive and legislative branches of government.

A Delhi High Court ruling examines whether a judgment-holder can withdraw court-deposited award money after the debtor's insolvency resolution plan is approved. The case explores the intersection of arbitration enforcement rights and the Insolvency and Bankruptcy Code's clean-slate doctrine, revealing how a creditor's failure to file a claim during insolvency proceedings can result in forfeiture of seemingly secured funds.

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.

Indian law lacks a direct mechanism for recognizing or enforcing interim measures issued by foreign-seated arbitral tribunals or emergency arbitrators, forcing parties to invoke Section 9 as an indirect route.

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

Litigation Dispute Resolution Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries

Business disputes often require formal resolution mechanisms when negotiation fails. Understanding the key differences between arbitration and commercial litigation—including costs, confidentiality, enforceability, and arbitrability—helps employers make informed decisions about which dispute-resolution route best serves their commercial interests under India's Arbitration and Conciliation Act, 1996.