In this podcast, we will delve into the recent amendments and nuances brought in vide the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2024 which amended the SEBI REIT Regulations, 2014. SEBI amended and notified the REIT Regulations in March 2024 paving the way for a regulatory framework for Micro, Small & Medium REITs (SM REITs).

In this episode of our “Back to the Basics Series”, we provide a clear and concise explanation of arbitrability. We explore the criteria that determine which disputes are eligible for arbitration and which are not. This podcast is designed to make complex legal concepts more accessible, whether you are a legal professional or simply interested in understanding arbitration.

In this podcast episode, Anirudh, Nishanth and Puru discuss the complexities of availing remedies against affiliates of signatories of investment agreements. Anirudh explains the need for having safeguards like clawback provisions and W&I insurance to protect investor interests. Nishanth highlights the remedies available against non-signatories when disputes arise including the familiar Group of Companies doctrine.

In this podcast, Nishanth Kadur, Soumya Gulati, and Ansh Desai, of the International Disputes and Investigations team, explore the incorporation of arbitral clauses by reference in commercial transactions. The discussion explores how arbitration clauses can be included in agreements by referencing other documents and discuss the complexities this creates. The conversation covers the legal framework in India, citing significant cases like M.R. Engineers and NBCC (India) Ltd. vs. Zillion Infraprojects (P) Ltd., and examines how Indian courts interpret such incorporations. The discussion then compares India's approach with those of other Asian jurisdictions, such as Singapore, England, Hong Kong, and Dubai, highlighting the differences in legal interpretations and requirements.

The practice of third party funding in international arbitration is gaining prominence as it entails formation of a distinct asset category. Tune in to podcast where Vyapak Desai in conversation with Vanshika Maan and Piyush Pandit from ConfabulArb analyse the third party related jurisprudence and developments in India.

In this podcast, Shruti Dhonde, Adimesh Lochan and Arjun Gupta of the international dispute resolution and investigations team at Nishith Desai, discuss, and analyse practical implications of the recent judgement of the Bombay High Court on the applicability of Section 32A of the Insolvency and Bankruptcy Code, 2016.

Parties often do not pay enough attention to the dispute resolution clause while negotiating a contract. If a dispute arises subsequently, an improperly drafted dispute resolution clause can give rise to several complexities. In this short podcast, Nishanth Kadur, Purushotham Kittane, Anirudh Arjun touch upon some common pitfalls that parties should avoid.

In this podcast, Soumya Gulati, Shruti Dhonde, Shweta Sahu, and Sahil Kanuga, of the international dispute resolution and investigations team, discuss and analyse the implications of a recent development in arbitration law - the landmark judgement of the 7-judge Bench of the Supreme Court In re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899.

Privilege is understood to be the protection against disclosure of certain information that has been provided to a person in confidence. Legal privilege helps people freely seek advice from their attorneys without the fear of such communication being used against them.

In this podcast, members of our international dispute resolution and investigations team, Ansh Desai, Soumya Gulati, and Ritika Bansal provide an insight into guerrilla tactics used in international arbitrations.

In this podcast, members of our international dispute resolution and investigations team, Adimesh Lochan, Ritika Bansal and Shruti Dhonde discuss the judgement of a Canadian Court in South West Terminal v. Achter Land and Cattle Ltd wherein the court discussed the usage of the ‘thumbs-up’ (??) emoji in the formation of a contract in light of the past practice between the parties.

In this podcast, members of our international dispute resolution and investigations team, Ansh Desai, Soumya Gulati and Shruti Dhonde provide an overview of a concept in third party funding known as the ‘Arkin Cap’. Put simply, the Arkin Cap limits costs imposed on third party funders if the funded party is unsuccessful, to the funded amount. The members discuss the origin of the Arkin Cap, the rationale behind its imposition and its subsequent dilution. The members also discuss the validity of third-party funding agreements and recent developments in this space.

In this podcast, members of our international dispute resolution team, Ritika Bansal and Soumya Gulati discuss the key takeaways from the recent Delhi High Court judgement ‘NHAI vs. Trichy Thanjavur Expressway Ltd.’ The Delhi High Court delved into the question of whether an arbitral award can be set aside partially or not. The court undertook and explained the severability of independent claims in an arbitral award and distinguished between partial set-aside and modification of an award, dispelling misconceptions arising from the applicability of NHAI vs. Hakeem & Anr. Through this ruling, the court reaffirms the balance between rectification and annulment of arbitral awards.

Standards for arbitrability of consumer disputes differ globally. In a two-part podcast, members of our international dispute resolution team, Alipak Banerjee, Shweta Sahu and Ritika Bansal offer a comprehensive analysis of the latest stances adopted by Indian and English courts on this pivotal issue. Part II of the podcast delves into the international position on this issue as well as the recent judgment of England and Wales High where it refused to recognize a foreign-seated award, deciding on disputes between a consumer and a cryptocurrency exchange. The court found that the award violated public policy since the agreement was unfair to the consumer, and the arbitrator failed to consider English consumer protection laws even though the contract had a close connection to the UK. Amid the rapid expansion in global e-commerce, a difference in standards of arbitrability of consumer disputes globally requires more diligence on part of both businesses and consumers engaging in such transactions.

Standards for arbitrability of consumer disputes differ globally. In a two-part podcast, members of our international dispute resolution team, Alipak Banerjee, Shweta Sahu and Ritika Bansal offer a comprehensive analysis of the latest stances adopted by Indian and English courts on this pivotal issue. Part I of the podcast delves into the recent affirmation of the Indian Supreme Court of the Telangana High Court's refusal to appoint an arbitrator in a consumer dispute. The Supreme Court held that consumer disputes can only be subject to arbitration if the consumer opts for it after the dispute arises, notwithstanding any pre-existing arbitration agreements between them. Through this ruling, the Supreme Court emphasised that a consumer should not be deprived of the specialised remedies provided to it under the Consumer Protection Act.

Supreme Court clarifies the Scope of Pre-referral Jurisdiction under the Arbitration Act.

What are the advantages of institutional arbitration? In what circumstances should a party choose institutional arbitration? We also discuss prominent arbitral institutions in India and abroad.

How to identify incorrect and incomplete arbitration clauses? How to use appropriate arbitration clauses which will ensure that the arbitration agreement is immune from a challenge?

When to seek interim reliefs in arbitration proceedings? Which forum to approach for seeking interim reliefs? We also discuss the settled jurisprudence on the question of grant of interim reliefs.

When can non-signatories be bound to arbitration proceedings? What all factors are generally considered by courts/arbitral tribunals to bind non-signatories to arbitration proceedings? We also discuss relevant judgments in this regard.

We discuss the importance of certain stages during the arbitration proceedings. How can a court assist in the process of taking evidence in the arbitration proceedings?

Recently, the Supreme Court of India upheld that an application for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, must be filed within the prescribed period of limitation i.e. 90 +30 days. The judgment sets a strict reminder that timelines for filing a challenge to an arbitral award are sacrosanct - even days on which the courts are closed will not be excluded while calculating the limitation period.

Welcome to the Dispute Resolution podcast of Nishith Desai Associates. In this podcast Vyapak Desai and Shweta Sahu discuss the law around 'without prejudice' privilege and it's implications during the disputes and pre-disputes stage.