Legal Insights

Interim relief in arbitration is available from two sources: a court under Section 9 of the Arbitration and Conciliation Act, 1996, and the arbitral tribunal under Section 17 of the same Act. Section 9 runs across the whole life of a dispute, before the arbitration begins, while it is on foot, and after the award […]

The SEBI (Stock Brokers) Regulations, 2026 were notified on 7 January 2026 and repealed the SEBI (Stock Brokers) Regulations, 1992 on the same day. Eleven chapters and fifty-one regulations replace an instrument that had absorbed three decades of amendments and a large body of circulars. Existing registrations continue untouched, and no broker was required to

The IBC Amendment Act 2026 changes the position of creditors and resolution professionals mainly through provisions that came into force on 26 May 2026, which make admission of a financial creditor’s application mandatory within fourteen days, bar withdrawal at two defined stages, re-anchor the avoidance look-back window, and put the committee of creditors in charge

Drafting a statement of claim and statement of defence in an Indian arbitration is governed by Section 23 of the Arbitration and Conciliation Act, 1996, which requires the claimant to state the facts supporting its claim, the points at issue and the relief sought, and the respondent to answer them. Section 23(4), inserted by the

The appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996 runs on the procedure the parties agreed, and the court steps in only when that procedure fails. A Constitution Bench of the Supreme Court of India held in November 2024 that the principle of equal treatment applies at the appointment stage,

Referring parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 is mandatory, not discretionary: once a party applies before submitting its first statement on the substance of the dispute, the judicial authority must refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists. The Supreme

The SEBI (Buy-Back of Securities) Amendment Regulations 2026 were notified on 1 July 2026 and come into force on 1 August 2026. They restore open market buy-back through the stock exchange, a route that has been unavailable to listed companies since 1 April 2025, subject to a ceiling of less than 15% of paid-up capital

Cross-border and group insolvency under the IBC Amendment Act 2026 rest on two new provisions: Section 240C, which lets the Central Government prescribe rules for recognising and cooperating with foreign insolvency proceedings, and Chapter VA, which does the same where two or more companies in a group go through insolvency together. Neither provision is in

Kompetenz-kompetenz is the rule that an arbitral tribunal may rule on its own jurisdiction, and separability of the arbitration clause is the rule that the clause is treated as an agreement independent of the contract containing it. Both sit in Section 16(1) of the Arbitration and Conciliation Act, 1996, and together they settle who rules

Arbitration vs conciliation vs mediation turns on a single question: does the neutral decide the dispute, or do the parties? Arbitration is adjudicatory, and it ends in a binding award under the Arbitration and Conciliation Act, 1996. Conciliation and mediation are not adjudicatory, because the neutral only helps the parties reach their own settlement, which