AL Insights - June 2023

Half Yearly Rewind: Arbitration

Monthly Legal Roundup for May 2023

Monthly Legal Roundup for April 2023

We are pleased to share our knowledge alert for the month of February 2023, being a compilation of our thought leadership articles and primers on key legal and regulatory topics published by us in the month of February 2023. This monthly legal roundup consists of our publications on corporate laws, insolvency laws, disputes, as well as global trade and taxation laws. We trust you will find the same to be an interesting read.

We are pleased to share our knowledge alert for the month of January 2023 being a compilation of our thought leadership articles and primers on key legal and regulatory topics published by us in the month of January 2023. This monthly legal roundup consists of our publications on corporate laws, insolvency laws, disputes, as well as global trade and taxation laws. We trust you will find the same to be an interesting read.

The year, 2022, saw Indian Courts advancing mediation as the preferred dispute resolution mechanism. From declaring pre-litigation mediation as being compulsory in nature to laying down the parameters for seeking urgent interim reliefs in a commercial suit, 2022 witnessed some important judgments for commercial litigation in India. In the present report, we have covered nine such key judgments and updates in commercial litigation in the year, 2022.

In the present report, we have covered fourteen such key judgments and updates in the arbitration regime in the year 2022. 

n India, arbitration has surfaced as a preferred mode of dispute resolution for commercial and contractual disputes due to its efficiency, and relative expediency. The Arbitration and Conciliation Act, 1996 (Arbitration Act) governs the procedure for alternate dispute resolution in India and is regarded as a code in itself. Continuing the trend in 2022, the Indian judiciary took a “when in doubt, do refer (to arbitration)” approach to maximise the objectives of the Arbitration Act and give due regard to party autonomy.

In the present report, we have covered fourteen such key judgments and updates in the arbitration regime in the year 2022. 

The Insolvency and Bankruptcy Code, 2016 (Code) was introduced as a one stop solution for resolving insolvencies, which previously was a long-drawn process that did not offer an economically viable arrangement. In 2022, the Indian courts have been guided by the principal of ‘resolution of insolvency of debtor’ over ‘recovery by creditors’ and have refused insolvency applications where they found such application were for recovery of money rather for insolvency of the debtor. The year 2022 also witnessed the judiciary put to rest the legal quandary vis-à-vis the position of personal guarantors under the Code.

In the present report, we have covered twenty-one such key judgments and updates in the Indian insolvency regime in the year 2022.