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News & Updates
BEYOND REASONABLE ENDEAVOURS: THE UK SUPREME COURT’S LANDMARK RULING ON FORCE MAJEURE AND ITS IMPLICATIONS FOR INDIAN COMMERCIAL CONTRACTS
By - Anu Shrivastava I. INTRODUCTION On 15 May 2024, the UK Supreme Court (“ Court ”) delivered a unanimous judgment in RTI Ltd v MUR...
TEMPORALITY AND TERMINATION: THE SUPREME COURT'S RESOLUTION OF SECTION 29A CONUNDRUM IN ROHAN BUILDERS
Anu Shrivastava (MCIArb) I. INTRODUCTION By the early 2010s, Indian arbitration had acquired a reputation for delays rivaling traditional...
MAPPING THE MAZE: TERRITORIAL JURISDICTION IN MONEY LAUNDERING PROSECUTIONS UNDER THE PMLA
The Supreme Court of India in Rana Ayyub v. Directorate of Enforcement [1] clarified the principles governing territorial jurisdiction in...
Liberty versus Legislation: The Supreme Court's recalibration of bail jurisprudence under the PMLA
By Anu Shrivastava (MCIArb)* The Supreme Court of India in a trilogy of landmark judgments delivered in 2024 – most notably in Arvind Kejriwal v. Directorate of Enforcement 1 and Manish Sisodia v. State (CBI) 2 – has undertaken a significant recalibration of bail jurisprudence under the Prevention of Money Laundering Act, 2002 (PMLA). The Court held that extended pre-trial detention and delay in trial, even in cases involving serious economic offences, cannot justify denial
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