Mondaq India: Litigation, Mediation & Arbitration
Nishith Desai Associates
Bhatia International v Bulk Trading S.A. Bhatia International v Bulk Trading (2002) 4 SCC 105 (not reported by Lexis Nexis® UK), entailed that Part I of the Arbitration and Conciliation Act, 1996 will apply to all arbitrations....
Khaitan & Co
The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
Khaitan & Co
On 10 October 2017, the Supreme Court of India in the matter of Duro Felguera, S.A. v. Gangavaram Port Limited has upheld the legislative policy and purpose to minimize the Court's intervention at the stage of appointing an arbitrator...
S.S. Rana & Co. Advocates
In today's world, numerous commercial transactions take place in a routine fashion. With the passage of time we have evolved from barter system in the ancient age to a uniform mode of currency
Nishith Desai Associates
The Supreme Court of India ("Supreme Court") has upheld the ruling of the Delhi High Court in DIT v. E-Funds IT Solution1 (our Hotline on the ruling of the Delhi High Court is available here).
Vaish Associates Advocates
The Supreme Court of India in the case of Aravali Power Company Private Limited vs. M/s. Era Infra Engineering Limited (decided on September 12, 2017) held that if the appointed arbitrator is an employee of one party ...
Dhaval Vussonji & Associates
Therefore, if a winding up order is made then it is in fact likely that all debts of the debtor creditor will have to take a serious haircut to maintain even a possibility of repayment.
Singhania & Partners LLP, Solicitors and Advocates
This is a ready reference for certain important provisions common to most Institutional Arbitrations.
Singhania & Partners LLP, Solicitors and Advocates
This is a ready reference for certain important provisions of ICC International Court of Arbitration opted by parties.
Khaitan & Co
THon'ble Supreme Court pronounced a judgment in the case of M/s Duro Felgueria SA v M/s Gangavaram Port Limited wherein the issue of composite reference to arbitration under multiple agreements between three parties was decided.
Nishith Desai Associates
An arbitral tribunal has inherent power to recall its order of termination in the event of default in filing statement of claim.
Nishith Desai Associates
Recently, in N. Harihara Krishnan v. J. Thomas, the Supreme Court ("SC") has held that Section 1382 of the NI Act is self-contained, in so far as it creates an offence and prescribes necessary punishment.
S.S. Rana & Co. Advocates
The Supreme Court of India has held that all assets pertaining to Hindu Undivided Family (HUF) are to be treated as joint property of the HUF, unless the contrary is proved as self-acquisition of property through valid documents.
Nishith Desai Associates
Placing reliance on the preamble of the Code, the NCLAT clarified that an Insolvency Resolution process is not a money suitfor recovery nor a suit for execution of any decree or award...
Vaish Associates Advocates
While deciding the said appeal, the Hon'ble court held that the power of compounding is exercisable even when proceedings are pending.
Vaish Associates Advocates
Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
Khaitan & Co
The plea for quashing the FIR was advanced on the ground that the Appellants had amicably settled the dispute with the complainant. The Court after discussing various precedents on the subject summarised the broad principles in relation to Section 482 for quashing FIRs.
Khaitan & Co
The Supreme Court granted leave to appeal to the Appellant challenging the legality and correctness of the judgment and order dated 29 September 2011 passed by the Division Bench of the Calcutta High Court.
Khaitan & Co
A Single Judge of the Bombay High Court (Court), vide its Order and Judgement dated 19 September 2017, found that an arbitration clause in the draft concession agreement annexed to the bid document does not constitute a binding arbitration agreement between the parties.
Singhania & Partners LLP, Solicitors and Advocates
This is a ready reference for certain important provisions of London Court of International Arbitration (LCIA) opted by parties.
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Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Luthra & Luthra Law Offices
The recent order by the Hon'ble Supreme Court in Amit Sibal v. Arvind Kejriwal , has again brought to the forefront, the short but extremely important question as to :
Khaitan & Co
THon'ble Supreme Court pronounced a judgment in the case of M/s Duro Felgueria SA v M/s Gangavaram Port Limited wherein the issue of composite reference to arbitration under multiple agreements between three parties was decided.
Vaish Associates Advocates
The normal law relating to the Burden of Proof and its onus is given under the provisions of the Indian Evidence Act, 1872.
Khaitan & Co
In Neelkanth Township and Construction Pvt. Ltd. v. Urban Infrastructure Trustees Ltd, the National Company Law Appellate Tribunal (NCLAT) addressed several issues with regard to the Insolvency and Bankruptcy Code, 2016 (IBC).
Luthra & Luthra Law Offices
On 21 September 2017, Hon'ble High Court of Bombay brought down the curtains on CCI's ambitious effort to investigate a telecom cartel.
Dhaval Vussonji & Associates
Speedy dispute redressal is one of the primary objectives of the Real Estate (Regulation & Development) Act, 2016 and a lot of ink has been utilized in effective application of the provisions of the Act ...
Singh & Associates
In order to protect the customers from the situation arising out of unequal bargaining power, the Legislature has tried to provide an additional remedy under Section 3 of the Consumer Protection Act.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
Singh & Associates
Before the coming into effect of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act), the law as it stood was that filing of an objection petition under Section 34...
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