India: Litigation, Mediation & Arbitration

In accordance with the amended definition of the 'evidence', documentary evidence has been amended to include electronic records. The term 'electronic evidence' has been given the meaning as assigned in the IT act, which means 'data, record or data generated, image or sound stored, received or sent in an electronic form or micro file or computer generated micro fiche

The word "Evidence" is only used in Sections 244 to 246 of the Cr.P.C. / Sections 267 to 269 of BNNS and not used under Section 228 of the Cr.P.C. / Section 251 of BNNS...

Discovery under Civil Procedure means a pre-trial procedural aspect where each party is given an opportunity to obtain evidence from the opposite party or parties. The main purpose of discovery is to make the parties aware...

It is a no-brainer that India has come a long way, emerging as a fast-paced economy that attracts global ventures and pours in resources from all four...

Exclusion clauses and liability caps are frequently used in infrastructure arbitration to protect government authorities from the consequences of their own breaches.

Jurisdictional objections in arbitration represent a challenging procedural aspect, often stirring complex debates on party conduct, arbitral authority, and judicial intervention.

Relying on Section 7 of the Arbitration Act, the Court emphasized that while an arbitration agreement must be in writing (Section 7(3)), it need not be signed if acceptance is demonstrated through written communications such as emails, performance, invoices, or other documentary records.

The Supreme Court of India in Malleeswari v. K. Suguna & Anr. (2025 INSC 1080, decided on 8 September 2025) delivered a significant judgment that touches on two pillars of Indian property law...

I have watched several episodes of the series Suits in which US Courts issue Temporary Restraining Orders (TROs) being emergency orders often granted ex-parte (without the respondent's present)...

In a recent judgment, the Delhi High Court reaffirmed the principles of impartiality and procedural fairness in arbitration, holding that a party cannot invoke the protections of Section 12(5)...

In an era marked by globalization and economic integration, India stands as a beacon for foreign investors seeking lucrative opportunities.

International Arbitration Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries