Introduction In a landmark decision that brings clarity to the interplay between the Limitation Act, 1963, and the dispute resolution framework under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”), the Supreme Court in M/S Sonali Power Equipments Pvt. Ltd. v. Chairman, Maharashtra State Electricity Board & Ors.[1], has definitively ruled on...
The Delhi High Court’s decision dated 18th July 2025, in the matter of NTPC Vidyut Vyapar Nigam Ltd v. Precision Technik Pvt Ltd[1], offers a valuable precedent on the interpretation of force majeure clauses in Power Purchase Agreements (“PPAs”), the scope of Performance Bank Guarantee (“PBG”) encashment, and the limits of judicial intervention under Sections...
In a significant pronouncement on 16 July 2025, the Dubai Court of Cassation, while deciding Commercial Appeal No. 509 of 2025, clarified, the legal status and judicial competence of the Centre for Amicable Settlement of Disputes (the “Centre”). For the first time under Dubai’s updated conciliation regime, the Court explicitly confirmed that the Centre enjoys...
Introduction In international arbitration, the parties’ autonomy is a hallmark feature. However, this autonomy operates within a legal framework that governs and supports the arbitral process. One of the most fundamental, yet often under-discussed, elements of this framework is the lex arbitri, or the law of the seat of arbitration. The lex arbitri plays...
Introduction India has progressively aligned itself with international best practices for enforcing foreign arbitral awards. As a signatory to both the New York Convention (1958) and the Geneva Convention (1927), India’s Arbitration and Conciliation Act, 1996 (the “Act”) provides a comprehensive framework for recognition and enforcement of foreign awards. Recent amendments and judicial pronouncements reflect...
In a significant ruling on 30th April 2025[1], the Supreme Court of India addressed a pivotal question in arbitration law: Do Indian courts possess the authority to modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (the “Act”)? The Constitution Bench’s decision with a 4[2]:1[3] majority in Gayatri...
In the landscape of global commerce, businesses are increasingly seeking efficient, reliable, and neutral venues for resolving disputes. The Dubai International Financial Centre (“DIFC”) Courts have gained prominence as one such venue, designed specifically to serve international and regional business communities, and have emerged as a formidable player in the realm of international dispute resolution....
Mediation[1] in India, a quiet evolution is reaching its apex. India has historically leaned toward litigation as the default mechanism for dispute resolution. However, with mounting court pendency and growing global alignment toward amicable dispute resolution, mediation has gradually emerged from the shadows of its more prominent Alternate Dispute Resolution (“ADR”) cousin, arbitration. The enactment...
The Dubai International Financial Centre (“DIFC”), recognised as a premier financial hub for the Middle East, Africa, and South Asia (“MEASA”) region, has introduced important revisions to the DIFC Law on the Application of Civil and Commercial Laws[1] (the “Application Laws”)[2]. These amendments aim to provide greater legal clarity by explicitly codifying the sources of...
Introduction The Dubai International Financial Centre (“DIFC”) continues to strengthen its reputation as a forward-looking financial hub, not just through financial innovation but also by fostering a robust legal framework. A key component of this evolution is the DIFC Data Protection Law No. 5 of 2020 (“DPL”), which governs the protection of personal data 1...
