2,093 results found

Factoring, the sale of trade receivables for immediate cash, has become an important tool for improving liquidity among India's micro, small, and medium enterprises ("MSMEs").

E-commerce and its permissiveness in India has been a long debated and sometimes controversial topic.

The Supreme Court of India ("SC") recently in the case of BRS Ventures Investments Limited v. SREI Infrastructure Finance Limited (Civil Appeal No. 4565 of 2021.

The Insolvency and Bankruptcy Code, 2016 (Code) is often described as one of India's most significant economic legislation, ushering systemic reforms over the last decade. It is designed to resolve insolvency...

Set off is one of the most widely used remedies by legal professionals. It finds its place in equity law principles as well as various statutes.

The Hon'ble Supreme Court in its recent judgment in Jignesh Shah and another v. Union of India and another held that though the winding-up proceeding is a proceeding 'in rem'...

In a significant development for intellectual property and digital rights, the Bombay High Court has granted ad-interim protection to veteran playback singer Asha Bhosle...

Bombay High Court has no jurisdiction to resolve the issue. Though both parties are Indian, parties by agreement can agree to the seat of arbitration at Singapore and apply English law as the governing law.

An agreement was entered into between Antrix (a Union Government of India undertaking having its registered office at Bangalore) and Devas (an incorporated company having registered office at Bangalore) ...

The question of applicability of the provisions of Part I of the Arbitration and Conciliation Act 1996 (hereinafter referred as 1996 Act) to the international commercial arbitrations held outside India has time and again come up...

In a significant development likely to impact intellectual property (IP) litigation, the Hon'ble Division Bench of the Delhi High Court has overturned key directives of the Vishal Pipes Ltd. v. Bhavya Pipe Industry case.

Welcome to the latest edition of the Fox & Mandal Dispute Resolution & ADR Newsletter. In this edition, we examine the impact of various judgments rendered by the Supreme Court of India, High Courts and tribunals on the dispute resolution and ADR ecosystem in the country.

On 27 May 2025, the Hon'ble High Court of Delhi delivered it judgment in M/s Jaiprakash Hyundai Consortium v. M/s SJVN Limited, examining whether a Dispute Review Board's recommendation could be treated as an Arbitral Award and whether the same can be enforced under Section 36 of the Arbitration and Conciliation Act, 1996.

When a builder's agreement contains an arbitration clause, can homebuyers still approach the RERA Tribunal for delayed possession? This jurisdictional question determines the speed, cost, and effectiveness of recovering your money. Courts have increasingly held that RERA's statutory protections cannot be ousted by private arbitration clauses, giving homebuyers a powerful remedy against developer defaults.

If what is produced is a certified copy of the agreement/contract/instrument containing the arbitration clause, it should disclose the stamp duty that has been paid on the original.

The contemporary world's desire for profit and comfort, along with the growing eagerness to fulfil them, has led to many new businesses sprouting across the spectrum from large corporations and mid-sized enterprises...

The Supreme Court, in KKH Finvest Pvt. Ltd. & Anr. v. Ashiesh Shukla & Ors., 2026 SCC OnLine SC 1498, has reaffirmed an important principle governing the reference of disputes involving non-signatories to arbitration. The Hon’ble Court held that the absence of a signature on an arbitration agreement is not, by itself, determinative of whether a person can be bound by the arbitration agreement.

In a recent decision in KKH Finvest Pvt. Ltd. vs. Ashiesh Shukla [2026 INSC 803], the Supreme Court of India ("Supreme Court"), held that a non-signatory shareholder could be treated as a "veritable party" to an arbitration agreement contained in a Memorandum of Settlement where his obligations under a separately executed Share Purchase Agreement formed an integral part of the underlying composite transaction and the surrounding circumstances demonstrated an intention to be bound by the settlement.