Litigation and Arbitration Archives - Page 2 of 7

RERA: Issue 2 of 2025

Periodic Roundups | July 30, 2025 | Practice Area: Banking and Finance, Litigation and Arbitration, Real Estate

We are pleased to present the second issue of S&R’s Quarterly RERA Roundup for the period January to March 2025. This publication provides a curated overview of significant legal developments under the Real Estate (Regulation and Development) Act, 2016 (“RERA”), as reflected in recent judgments and passed by various Real Estate Regulatory Authorities and appellate forums/courts across India.
As the regulatory landscape continues to evolve, these decisions offer valuable insight into the interpretative trends shaping the enforcement of RERA. This edition aims to serve as a practical guide for stakeholders seeking to understand the Act’s application in an increasingly dynamic real estate sector.

Employment Bonds that Bind

Insights | July 10, 2025 | Practice Area: Employment, General Corporate, Litigation and Arbitration

The Supreme Court of India in its recent judgement inVijaya Bank and Ors. v. Prashant B. Narnawareconsidered the legal standing of employment bonds in India. This note analyzes the Court’s affirmation of a differential approach in respect of restrictions effective during employment and those post-termination. It further highlights the Court’s stance on unequal bargaining power and its view on public policy considerations in India’s employment law paradigm.

Supreme Court Reaffirms Enforceability of Forum Selection in Employment Contracts

Insights | July 3, 2025 | Practice Area: Employment, Litigation and Arbitration

The Supreme Court of India recentlyreaffirmed the enforceability of exclusive jurisdiction clauses in employment contracts. InRakesh Kumar Verma v. HDFC Bank Ltd.the Court held that where multiple courts may have territorial jurisdiction under Section 20 of the Code of Civil Procedure, 1908, parties are free to contractually select one such court as the exclusive forum for dispute resolution, provided that the chosen court has a legitimate nexus to the dispute.
This decision is particularly relevant for corporations with large numbers of employees working across jurisdictions or employers with remote or hybrid workforces, as it provides clarity on how to mitigate forum shopping risks and ensure consistency in dispute resolution. The Court’s ruling also offers practical guidance on how employers can structure jurisdiction clauses to withstand legal scrutiny.

The Cape Town Convention: Its Application and Benefits in India

Insights | July 2, 2025 | Practice Area: Banking and Finance, International Trade, Litigation and Arbitration, Projects; Infrastructure and Energy, Restructuring and Insolvency

S&R Associates and Stewarts are pleased to present their co-authored note on the Cape Town Convention.
India’s new Cape Town Convention act enforces global rules for aircraft financing, boosting investor confidence and lowering leasing costs. It streamlines repossession in insolvencies and aligns India’s aviation laws with international standards, encouraging growth and efficiency. The reform is set to attract foreign lessors and benefit passengers with better service and pricing.
This note discusses the implications and expected benefits of the Protection of Interests in Aircraft Objects Act 2025, which gives legal effect from May 1, 2025 to the Convention on International Interests in Mobile Equipment (known as the “Cape Town Convention” and referred to here as the “CTC” or the “Convention”) and the Protocol to the Convention on Matters Specific to Aircraft Equipment (the “Protocol”), which were adopted on December 16, 2001 in Cape Town, South Africa.
The Convention entered into force on April 1, 2004 and is applied to different sectors through individual protocols, one of which is the Protocol, which entered into force on March 1, 2006.

Environmental Law: Issue 1 of 2025

Periodic Roundups | May 7, 2025 | Practice Area: Clean Energy, Corporate Governance and ESG, Litigation and Arbitration, Regulatory

Issue 1 of 2025 of our Quarterly Newsletter on Environmental Law covers key judicial and regulatory developments between the months of January and March 2025. In respect of judicial updates, Issue 1 includes judgements and orders of the Supreme Court, High Courts and the National Green Tribunal related to inter-alia color-coded registration plates for diesel and petrol vehicles; investigation into illegal earth mining and unauthorized brick kilns in elephant corridors; coastal regulation zone clearances; wetlands of international importance; and tree-felling restrictions and industrial expansion in the Taj Trapezium Zone.
In addition, Issue 1 also tracks regulatory updates related to inter-alia plastic and battery waste management; end-of-life vehicles; revised classifications in respect of industrial sectors; consent guidelines; standard operating procedure for petrol depots; effluent and emission standards for the caustic soda industry; amendments to environment impact assessment norms in respect of linear projects; and mandatory registration requirements for lead acid battery dealers, refurbishers and recyclers.

Protective Preliminary Orders under the SIAC Rules 2025: Key Strategic Considerations for India-related Disputes

Insights | April 1, 2025 | Practice Area: Litigation and Arbitration

The Singapore International Arbitration Centre (“SIAC”) has introduced a critical update to its emergency arbitration mechanism this year. Under the SIAC Rules 2025, parties can now apply to an emergency arbitrator for a provisional ex parte order to prevent a counterparty from frustrating the emergency relief requested. With Indian parties topping the charts in the usage of SIAC emergency arbitration, our note explores the key strategic implications of this development for India-related disputes.

Namaste Korea: January 2025 Edition

Namaste Korea | February 11, 2025 | Practice Area: General Corporate, Litigation and Arbitration

Welcome to the third edition of the “Namaste Korea” newsletter. This newsletter provides an overview of the latest business/trade news and developments in Indian law and practice which are relevant to Korean businesses and other organizations with India-related interests. The newsletter also includes sector-specific updates, including in automotive, manufacturing, telecom, technology, electronics and gaming.

Strengthening Diligence for a Secure Mortgage Lending

Insights | February 7, 2025 | Practice Area: Banking and Finance, Litigation and Arbitration, Real Estate

Mortgages on immovable property is a preferred and most common form of collateral for both retail and corporate borrowers. Recognizing inherent property risks, lenders typically conduct a legal due diligence, often through external counsel, who issue a title search report (“TSR”) that scrutinizes the title and identifies potential issues. Scrutinizing the title is essential to ascertain the ownership of the property and to ensure that the title is clear and free from any defects, encumbrances and claims. A recent case before the Hon’ble Supreme Court of India, Central Bank of India & Anr. v. Smt. Prabha Jain & Ors., emphasized that banks must be careful with inadequate TSRs and recommended that the Reserve Bank of India formulate guidelines for preparing TSRs. This note discusses the recommendations of the Supreme Court and outlines the key facets of preparing a TSR.

Addressing Legal Challenges on AI Development and Use

Insights | December 23, 2024 | Practice Area: Data, Intellectual Property, Litigation and Arbitration, Regulatory, Technology; Media and Telecommunications

The recent lawsuit by Asian News International against OpenAI in the Delhi High Court mirrors global trends involving allegations that large language models (“LLMs”) are being trained on copyrighted material without authorization or licenses, leading to copyright infringement. For the purpose of balancing innovation with compliance, artificial intelligence (“AI”) developers in India must take proactive measures to navigate the complex interplay of copyright, data protection and liability issues. By securing licensing agreements, clarifying the scope of ‘fair use’ under copyright law, offering indemnities to users, and preparing for court-directed compliance actions, AI developers can mitigate risks and build legally compliant AI systems.

Levelling the Playing Field: Supreme Court Decides on Unilateral Appointment of Arbitrators

Insights | November 26, 2024 | Practice Area: Litigation and Arbitration

State-owned enterprises (“SOEs”) in India have historically stipulated in their commercial contracts that arbitrators must be chosen from a panel pre-determined by the SOEs. These clauses have been challenged as being unfair, but Indian courts have taken differing views in the matter. A five-judge bench of the Supreme Court of India has, however, attempted to put these issues to rest in the case of Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV). The Supreme Court has ruled that unilateral appointments of arbitrators, including in the public-private contracts, are invalid. The Supreme Court has further held that while SOEs are not prohibited from curating a panel of arbitrators, an arbitration clause cannot mandate that the other party selects its arbitrator from such curated panel. In this note, we discuss the key findings of the decision and analyze the challenges which may arise.