DisputeResolution Archives

Indian courts strengthen enforceability of foreign awards amid FEMA challenges

ArticlesJanuary 19, 2026281Views 0Likes 0Comments

Indian courts strengthen enforceability of foreign awards amid FEMA challenges by Supreme Waskar (Partner) and Dipesh Nassa (Associate) The Indian foreign exchange laws (FEMA) inter-alia mandates that an inbound cross-border transaction shall not guarantee “assured returns” or be executed at a price below Fair Market Value (FMV). Despite these prohibitions, the jurisprudence on enforcing foreign awards…

Bombay High Court reaffirms court’s prerogative to look into Arbitrability of disputes under Section 8 of the Arbitration Act

ArticlesNovember 26, 2025227Views 0Likes 0Comments

Bombay High Court reaffirms court’s prerogative to look into Arbitrability of disputes under Section 8 of the Arbitration Act by Nidhish Mehrotra, Shikha Goenka Ginodia, Gaurav Suryavanshi and Simran Kasat On October 9, 2025, while deciding a Section 8 application1 under the Arbitration and Conciliation Act, 1996 (“Act”) the Bombay High Court has reiterated the non-arbitrability of rights…

Limitation period for initiating proceedings

ArticlesOctober 9, 20241KViews 0Likes 0Comments

Limitation period for initiating proceedings By Purazar Fouzdar, Partner and Declan Fernandez, Associate In a recent judgement, the Hon’ble Supreme Court of India’s has delved deeply into the intricacies of the arbitration process in India, particularly focusing on the applicability of the Limitation Act, 1963 (“Limitation Act”) to arbitration proceedings under Section 11 of the…