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By Naval Sharma, Aditya Gupte
It is well settled that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission ('NCDRC') and other consumer forums.
By Celia Jenkins, Damini Ghosh, Priya Misra
Health insurance business in India has, traditionally, been regulated by the framework governing general insurance business as issued by the Insurance Regulatory and Development Authority of India (IRDAI)...
By Rajat Taimni, Aditya Gupte
A Single Judge bench of the Bombay High Court, in a recent judgment in Montana Developers Private Limited v Aditya Developers and Ors.
By Rajat Taimni, Naval Sharma
In its judgment of Booze Allen & Hamilton Inc. v SBI Home Finance Ltd. and Ors [ ] the Supreme Court of India had listed six categories of disputes which are non – arbitrable, these included (i) disputes which give rise to or arise out of criminal offences, ..
By Rajat Taimni, Saket Satapathy
The Ministry of Corporate Affairs on 1st June 2016 notified the constitution of National Company Law Tribunal and National Company Law Appellate Tribunal in exercise of powers conferred under §408 and §410 of the Companies Act 2013.
By Rajat Taimni, Naval Sharma
The new amended Arbitration Act 2015 (‘Amended Act') was introduced on 23 October 2015 in the form of an Ordinance.
By Celia Jenkins, Shubhangi Pathak
The focus and emphasis on corporate governance increased significantly since the corporate fraud and internal governance failure came to light in the context of Satyam Computer Services Limited.
By Rajat Taimni, Madhav Misra
The Delhi High Court has recently interpreted the Supreme Court judgement in Bharat Aluminium Company v Kaiser Aluminium Technical Services Inc. (2012) 9 SCC 552 (‘BALCO') to lay down which courts would have jurisdiction for proceedings under the Arbitration and Conciliation Act, 1996 (‘Act').
By Rajat Taimni, Madhav Misra
The Delhi High Court has recently ruled that a party to an arbitration cannot nominate its serving or retired officer as its nominee arbitrator.
By Celia Jenkins
The Indian insurance sector has witnessed various reforms since the notification of the Insurance Laws (Amendment) Act 2015 (Amendment Act).
By Celia Jenkins
Following the Insurance Laws (Amendment) Act 2015 (Amendment Act), the Indian insurance industry has witnessed the introduction of several new regulations and modification to existing guidance, with several more changes on the anvil.
By Celia Jenkins
Until very recently, the IRDAI's Guidelines on "File and Use" Requirements for General Insurance Products of 28th September 2006 governed the procedures and processes for introducing, modifying and withdrawing general insurance products.
By Celia Jenkins
The insurance statutory and regulatory framework has, historically, strictly restricted the amount of commission or remuneration that can be paid to insurance agents and insurance intermediaries (such as insurance brokers, corporate agents, web aggregators and insurance marketing firms) for the solicitation and procurement of insurance business.
By Neeraj Tuli, Rajat Taimni
The Arbitration and Conciliation (Amendment) Act, 2015 ('Amendment Act') was passed by both houses of parliament in the winter session, pursuant to which it has received Presidential assent on 31 December 2015.
By Neeraj Tuli, Rajat Taimni
The Arbitration & Conciliation ordinance was promulgated on 23 October 2015 ("Ordinance"). The Ordinance needs to be approved by the legislature in the winter session of the Parliament or else it will lapse and will have to be promulgated once again.