Insights

Arbitration May 2026

Failure to Object to the Expired Mandate of the Arbitrator Shall Estop Parties from Raising Such a Challenge to the Arbitral Award

The Supreme Court recently rejected an objection concerning the lack of a valid mandate of the Arbitrator, holding that the Claimant's conduct in participating in proceedings without objection amounted to a tacit extension of the mandate — and estopped it from later challenging the award on that ground.

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Insolvency May 2026

A Letter of Intent under IBC is Not Conditional if the Contingencies Relate to the Order of an Adjudicating Authority

The Supreme Court addressed the significance of a Letter of Intent issued to a Successful Resolution Applicant and reaffirmed the supremacy of the commercial wisdom of the Committee of Creditors, holding that an SRA cannot withdraw from the process by alleging that the LoI was conditional.

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Insolvency 2026

Pre-Packaged Insolvency Resolution is Now Open to Mid-Market and Large Companies, Not Just MSMEs

India's insolvency framework marked its tenth year in 2026 with the most consequential legislative overhaul of the IBC since its enactment. The IBC Amendment Act 2026 extends the pre-packaged insolvency framework beyond MSMEs — but a close reading reveals the position is more nuanced than the headline suggests, and none of it is operative law yet.

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Insolvency 2026

Data Assets and Their Transfer in Insolvency Proceedings: The IBC–DPDP Act Collision

Data has emerged as one of the most valuable yet least capitalised assets. This article examines the tension between the IBC's mandate for value maximisation and the Digital Personal Data Protection Act 2023's consent-based framework — and what this means for resolution professionals handling data-rich insolvency estates.

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