India: Corporate and Company Law

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Article
Supreme Court Of India Reinforces Finality In Enforcement Of Foreign Awards While Recognising Transnational Issue Estoppel
In a significant ruling, the Supreme Court of India, in Nagaraj V. Mylandla vs. PI Opportunities Fund-I and Ors. Etc.1, for the first time, has recognised the doctrine of ‘transnational issue estoppel’. It has clarified that findings of a foreign court at the seat of arbitration attain finality and operate as a bar to subsequent challenges in enforcement proceedings in India. The judgment further reiterates that the public policy exception must be construed narrowly and cannot be used as a vehicle to reopen merits of the dispute.
India Litigation
J
JSA
Article
Investor Education And Protection Fund: From Forgotten Dividends To A Core Governance Test
Over the life of a company, small amounts quietly accumulate dividends that are never encased, old deposits that are not claimed, shares that sit in forgotten folios. Indian law does not allow these sums to remain with companies indefinitely. Instead, they must eventually move into a central pool called the Investor Education and Protection Fund (IEPF), managed by a government authority.
India Commercial
LegaLogic
Article
Finality Without Borders: The Supreme Court Of India Embraces Transnational Issue Estoppel In Foreign Award Enforcement
In Nagaraj V. Mylandla v. PI Opportunities Fund-I & Ors. [Special Leave Petition (Civil) Nos. 31866-68 of 2025] (‘Nagaraj V. Mylandla Case’), the Supreme Court of India grappled for the first time with the doctrine of ‘transnational issue estoppel’. Its endorsement of the doctrine in the context of enforcement proceedings under Section 48 of the Arbitration and Conciliation Act, 1996 (‘the Arbitration Act’) places India squarely within a growing international consensus: awards that have withstood challenge at the seat should not be relitigated on the merits at the enforcement stage.
India Litigation
SO
S&A Law Offices
Article
D&O Insurance In The Age Of Data Governance: Premium Realities Under India’s DPDP Regime
India’s enactment of the Digital Personal Data Protection Act, 2023 (“DPDP Act”) marks a decisive shift toward a modern data protection regime anchored in accountability, consent, and enforcement. While the statute is primarily directed at “data fiduciaries,” its implications extend well beyond operational compliance. At the boardroom level, the Act has triggered a reassessment of governance responsibilities, risk allocation, and critically Directors and Officers (“D&O”) insurance.
India Commercial
KS
King, Stubb & Kasiva
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