Litigation & Dispute Resolution
INDUSLAW's litigation and dispute resolution practice
advises a range of clients including corporate entities, government bodies, investors,
shareholders, lenders, directors and other institutions on civil matters before
the courts and commercial disputes before arbitration forums in India and
overseas.
INDUSLAW's litigation and dispute resolution team represent clients on a variety of matters including:
INDUSLAW's litigation and dispute resolution team represent clients on a variety of matters including:
- Writ litigation, corporate litigation, original side appeals and tax matters before the High Courts and the Supreme Court
- Prosecution, injunctions and defensive actions relating to infringement of patent, trademarks, copyright, design and confidential information in relation to intellectual property disputes
- Corporate litigation before the Company Law Boards
- Contractual and commercial disputes, injunctive and specific performance actions including shareholder disputes, disputes relating to contracts such as distributor, franchise and licensing agreements, non-compete and non-solicit obligations
- Actions in tort including negligence and defamation
- Disputes relating to property, succession, sale, lease, mortgage, joint development transactions and damages claims
- Disputes relating to power purchase agreements, tariffs, wheeling, banking arrangements and grant of open access before the Electricity Regulatory Commissions
- Arbitration proceedings across all practice areas, including advice in relation to injunctive relief from the courts prior to, during and post arbitration proceedings, and proceedings in court for enforcement of arbitral award
- Actions in relation to the Recovery of Debts Due to Banks and Financial Institutions Act (1993) before the Debt Recovery Tribunals and Appellate Tribunals and advice in relation to the SARFAESI Act
- Proceedings before Tax Tribunals and quasi judicial authorities and litigation relating to Sales Tax and Value Added Tax, Service Tax, Customs and Excise Duty
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publications
Energy, Infrastructure & Natural Resources & Litigation & Dispute Resolution
CAIRN ENERGY LOSES RETROSPECTIVE TAX CASE BEFORE...
Cairn Energy recently lost its appeal before an Indian tax appellate tribunal in relation to the charging of retrospective capital gains tax. We analyse the...
Litigation & Dispute Resolution
JURISDICTION OF COURTS OVER ARBITRATIONS HELD OUTSIDE...
The Arbitration and Conciliation Act, 1996 (“Actâ€Â) initially caused some concern for Indian parties entering into commercial contracts with foreign collaborators. The primary reason of...
Litigation & Dispute Resolution
ARBITRATION IN INTERNATIONAL COMMERCIAL TRANSACTIONS – INDIAN...
Arbitration is key to resolving disputes in the global economic scenario and is viewed as a gateway to speedier resolution of disputes. As arbitration rules...
Litigation & Dispute Resolution
ARBITRATION IN INDIA – THE WAY FORWARD
With an increase in cross border transactions and open economic policies acting as a catalyst, commercial disputes have been steadily rising. The Indian judiciary has...
Litigation & Dispute Resolution
AMENDMENTS TO INDIA'S ARBITRATION ACT: AN ANALYSIS
Last month, the Government of India passed the Arbitration and Conciliation (Amendment) Ordinance, 2015 (the "Ordinance") amending the Indian Arbitration and Conciliation Act, 1996 (the...
Litigation & Dispute Resolution
ANALYSIS OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION...
The efficiency of the legal system and the pace at which disputes are resolved by courts are very important factors in deciding the growth of...
Litigation & Dispute Resolution
CRITICAL ANALYSIS OF THE ARBITRATION AND CONCILIATION...
After much clamour, the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") finally stands amended. The Arbitration and Conciliation (Amendment) Act, 2015 (the "Amendment Act"),...
Litigation & Dispute Resolution
CONSISTENCY CAN MAKE INDIA A GLOBAL ARBITRATION...
Mumbai, July 16, 2016: While lauding the recent amendments to the Indian Arbitration and Conciliation Act 1996, prominent legal experts called on the government to...
Litigation & Dispute Resolution
THE UNRESOLVED CONTROVERSY CAN TWO INDIAN PARTIES...
The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain...
Litigation & Dispute Resolution & Technology, Media & Telecommunications
INDIA: HIGH COURT ISSUES "STRONG JUDGEMENT" IN...
The High Court of Delhi (‘the High Court’) pronounced, on 23 September 2016, its decision in a public interest litigation case, Karmanya Singh Sareen and...
Banking & Finance & Litigation & Dispute Resolution
RECENT SUPREME COURT JUDGMENT – A SHOT...
A recent judgment of the Supreme Court in Harsh Govardhan Sondagar v. International Assets Reconstruction Company Ltd., (2014) 6 SCC 1, has provided a shot...
Litigation & Dispute ResolutionProjects & Project Finance & Energy, Infrastructure & Natural Resources
SUPREME COURT RULING AGAINST COMPENSATORY TARIFFS FOR...
Earlier this month, the Supreme Court of India in Energy Watchdog & Ors. v/s. Central Electricity Regulatory Commission set aside the orders passed by the...
Litigation & Dispute ResolutionGovernment & Regulatory & Corporate & Commercial
AWARD FOR DAMAGES DOES NOT BREACH SHARE...
Recently, the Delhi High Court (the "Court") passed a landmark judgment while deciding a petition seeking enforcement of a foreign arbitral award.
Litigation & Dispute Resolution
IS SERVICE OF SUMMONS BY WHATSAPP PROPER...
In a recent order of the Bombay High Court, service of summons by WhatsApp was considered as an acceptable mode of service based on the...
Corporate & CommercialLitigation & Dispute Resolution & Banking & Finance
TIME BARRED DEBT CAN BE PURSUED UNDER...
In a recent judgment, the National Company Law Appellate Tribunal, New Delhi (the 'NCLAT') held that the provisions of the Limitation Act, 1963 (the 'Limitation...
Intellectual Property & Litigation & Dispute Resolution
ESTABLISHING GOODWILL AND REPUTATION IN INDIA IS...
In the matter of Toyota Jidosha Kabushiki Kaisha vs M/S Prius Auto Industries Limited, the Supreme Court of India (the 'Supreme Court') reaffirmed the principle...
Litigation & Dispute Resolution & Projects & Project Finance
GOODS AND SERVICES TAX ON LIQUIDATED DAMAGES
The Maharashtra Authority for Advanced Ruling (the 'AAR') recently held in an advance ruling that goods and services tax ('GST') is applicable on liquidated damages...
Intellectual Property & Litigation & Dispute Resolution
Whose Original Design Is It Anyway?
What makes something new or original? Have you ever thought about the originality of your sandals that you wear on your feet and the design...
Litigation & Dispute ResolutionProjects & Project FinanceGovernment & Regulatory & Energy, Infrastructure & Natural Resources
THE SPECIFIC RELIEF (AMENDMENT) ACT, 2018: OVERVIEW...
The Specific Relief (Amendment) Act which came into force at the beginning of August broadly makes specific performance a general rule, rather than a limited...
Intellectual Property & Litigation & Dispute Resolution
INTENTION TO DEFRAUD NOT NECESSARY TO PROVE...
The Supreme Court of India recently passed a judgement in Wockhardt Ltd. Vs. Torrent Pharmaceuticals & Anr., through which it reaffirmed that the intention to...
Corporate & CommercialLitigation & Dispute ResolutionInsolvency & Restructuring & Banking & Finance
THE ESSAR INSOLVENCY CASE: SUPREME COURT UNRAVELS...
Earlier this month, the Supreme Court of India passed a judgment concerning the eligibility of resolution applicants for Essar Steel India Limited. INDUSLAW's...
Intellectual Property & Litigation & Dispute Resolution
EXEMPLARY COSTS FOR HABITUAL TRADEMARK INFRINGERS
In August 2018, in the case of Glenmark Pharmaceuticals Limited vs. Galpha Laboratories Limited and Another, the High Court of Bombay imposed exemplary damages to...
Litigation & Dispute ResolutionInsolvency & Restructuring & Corporate & Commercial
Supreme Court upholds equitable value maximisation under...
The Supreme Court of India recently dismissed an appeal by a competing resolution applicant, asserting that the acceptance of UltraTech's recent resolution plan to acquire...
Intellectual Property & Litigation & Dispute Resolution
DELHI HIGH COURT ALLOWS COMPOSITE SUIT FOR...
The Delhi High Court recently held that two causes of action, one with respect to passing off and another with respect to design infringement under...
Intellectual Property & Litigation & Dispute Resolution
SUPREME COURT SETS ASIDE DELHI HIGH COURT...
On January 8, 2019, the Supreme Court over-ruled a decision of the Delhi High Court, which held that Monsanto's patent for technology to genetically modify...
Intellectual Property & Litigation & Dispute Resolution
ZEE VIOLATES PERSONALITY RIGHTS OF EDITOR-IN-CHIEF OF...
The Delhi High Court recently reaffirmed the principles associated with personality rights, when it found Zee Media Corporation to be violating the personality rights of...
Litigation & Dispute Resolution & Insolvency & Restructuring
SWISS RIBBONS AND ITS IMPLICATIONS
The recent Supreme Court judgement in Swiss Ribbons, upholding the constitutionality of the Insolvency & Bankruptcy Code, has considerable implications for resolution applicants and promoters....
Litigation & Dispute Resolution & Technology, Media & Telecommunications
DELHI HIGH COURT EXERCISES LONG-ARM JURISDICTION, DIRECTS...
On October 23, 2019, the Delhi High Court held that Indian courts can issue orders to internet intermediaries like Facebook, Google, and Twitter to take...
Litigation & Dispute Resolution
THE SUPREME COURT STRIKES DOWN SECTION 87...
On November 27, 2019, the Hon'ble Supreme Court of India struck down the insertion of Section 87 of the Arbitration and Conciliation Act, 1996 and...
Litigation & Dispute Resolution & Insolvency & Restructuring
A STORM IS BREWING: THE INSOLVENCY OF...
The Insolvency and Bankruptcy Code, 2016 (the 'Code') has faced a barrage of amendments and course correction from both the judiciary as well as the...
Litigation & Dispute Resolution
END OF THE ROAD FOR ARBITRATION CLAUSES...
On a rigid reading of Perkins Eastman Architects DPC & Anr v. HSCC (India) Ltd, arbitration clauses that give the right to one party to...
Litigation & Dispute Resolution
EXTENSION OF TIME LIMIT FOR MAKING OF...
The Arbitration and Conciliation (Amendment) Act, 2019 had with effect from August 30, 2019 (the 'Effective Date'), amended Section 29A(1) of the Arbitration and Conciliation...
Litigation & Dispute Resolution
'A balancing act' : The dichotomy of...
Recently, the Supreme Court of India has, in the case of Vijay Karia and Ors. v. Prysmain Cavi E Sistemi SRL & Ors., set the...
Litigation & Dispute Resolution
LIMITATION RE FOREIGN DECREES-INDIA COMES AT PAR
Under Indian Law, foreign decrees passed by the courts of reciprocating territories are to be enforced in terms of Section 44-A of the Code of...
Litigation & Dispute Resolution
A Safe Harbour for Borrowers During COVID-19...
While India remains under a lockdown and a state of siege prevails, the Reserve Bank of India ('RBI') has provided a set of directives granting...
Litigation & Dispute Resolution
A Closer Look at Force Majeure, Frustration...
As the world is collectively entangled in fighting the Corona virus or COVID-19 pandemic, businesses globally are facing several financial and physical hardships due to...
Litigation & Dispute Resolution
Insolvency proceedings against personal guarantors- A missed...
After a lapse of almost 3 (three) years, Ministry of Corporate Affairs (the 'MCA') finally issued a notification dated November 15, 2019 (the 'Notification') that...
Litigation & Dispute Resolution
Infolex Article: Section 206(5) of the Companies...
Section 206 of the Companies Act, 2013 (the “Actâ€Â) gives the Registrar of Companies (the “ROCâ€Â) the power to call for information, inspect books and...
Litigation & Dispute Resolution
Powers of courts under Section 37 of...
As obvious as it is, one of the keys objects behind the enactment of the Arbitration and Conciliation Act, 1996 (the 'Act') was to minimize...
Litigation & Dispute Resolution
Infolex Article: Section 206(5) of the Companies...
Section 206 of the Companies Act, 2013 (the 'Act') gives the Registrar of Companies (the 'ROC') the power to call for information, inspect books and...
Litigation & Dispute Resolution
Article on Tortious Interference for Publication
Interference with a contract between two parties by a third party has been neglected by most jurisdictions, as courts, as well as the public at...
Litigation & Dispute Resolution
Infolex Newsalert : Limiting the limitation: The...
As the jurisprudence pertaining to insolvency and bankruptcy in India continues to develop over time, the applicability of the Limitation Act to the proceedings under...
Litigation & Dispute Resolution & Insolvency & Restructuring
THE WAR OF LAWS OF INSOLVENCY AND...
With the advent of consolidation and enactment of laws on insolvency and admiralty, the issue of conflict between the two laws has arisen where the...
Litigation & Dispute Resolution
Supreme Court upholds court intervention in Arbitral...
A three-judge bench of the Supreme Court in its recent judgment in South East Asia Marine Engineering and Constructions Limited v. Oil India Limited upheld...
Litigation & Dispute Resolution
Infolex Article | Conduct of Parties determines...
The Supreme Court of India in its recent judgments has attempted to clarify the position with regards to the place, venue, and seat of arbitration....
Litigation & Dispute Resolution
THE CONTROVERSY GETS MURKIER - CAN THE...
The object of introducing sections 138 to 142 to the Negotiable Instruments Act, 1881 (the “NI Actâ€) was to ensure efficacy of banking operations and...
Litigation & Dispute Resolution & Insolvency & Restructuring
Infolex Article | The Impartiality Conundrum: A...
While the Resolution Professional acclimatizes itself in the evolving insolvency regime in India, the issues pertaining to impartiality become relevant. INDUSLAW’s Sushmita Gandhi,...
Litigation & Dispute Resolution
Infolex Newsalert: Retrospective Application of Section 29...
With the new amendments brought in the Arbitration & Conciliation Act in 2019, the Delhi High Court decided the issue of applicability of the amended...
Litigation & Dispute Resolution & Technology, Media & Telecommunications
Infolex Article Section 65B of the Evidence...
The law on the mandatory requirement of filing a certificate under Section 65B (4) of the Evidence Act has remained uncertain. The Supreme Court, by...
Government & RegulatoryInsolvency & Restructuring & Litigation & Dispute Resolution
NUANCES UNDER THE INSOLVENCY AND BANKRUPTCY CODE,...
The Insolvency and Bankruptcy Code, 2016 (“Codeâ€) seeks to consolidate the existing legal framework for debt recovery in India. The Code is an all-encompassing law...
Litigation & Dispute Resolution
PECUNIARY JURISDICTION UNDER THE CONSUMER PROTECTION ACT,...
Consumers continue to run from pillar to post when it comes to determining the appropriate forum for consumer disputes. INDUSLAW’s Mohit Chadha, Vaishnavi...
Litigation & Dispute Resolution
THIRD PARTY FUNDING – IS INDIA READY?
Third-party funding is a way of reducing the astronomical costs of litigation, but its validity in India has been unclear for a long time.
Litigation & Dispute Resolution
Tightening The Rein on Privileges of Quasi...
The Supreme Court of India on February 18, 2022 upheld the principles of natural justice, by holding that all information, which is relevant for any...
Litigation & Dispute Resolution
Infolex Arbitration Newsletter (First edition)
The year 2021 witnessed significant developments in the arbitration landscape in India, with several noteworthy decisions of the High Courts and the Supreme Court of...
