Mondaq India: Litigation, Mediation & Arbitration
Khaitan & Co
The matter involved an interesting proposition of law in dealing with a challenge raised by Era Infra before the Delhi High Court in two separate petitions filed against Aravali Power under Section 14 and 11(6) of the 1996 Act...
S.S. Rana & Co. Advocates
In the recent order dated August 14, 2017, in Pradyuman bisht vs Union of India & Ors. (IA 10142/2015 arising out of Writ petition(s) (criminal) no(s). 99/2015).
LexCounsel Law Offices
The phrase "existence of dispute" assumes significance as it is largely the only legal defence that a corporate debtor can take to avoid insolvency/liquidation proceedings initiated by an operational creditor.
Aquilaw
A person entrusted with a duty to adjudicate must be independent and impartial. This two fold requirement becomes increasingly relevant in the context of arbitrations wherein the appointment...
Aquilaw
A settlement between the disputing parties is a much needed resort in the modern day commercial world. A settlement ensures that the disputes between the parties end in amicable terms leaving each party satisfied.
Shardul Amarchand Mangaldas & Co
A Single Judge of the Madras High Court recently, in K. Raghupathy v The Commissioner of Police [Crl.O.P. SR.No. 28352 of 2017] on 10.07.17, held that a petition under Section 482 of the Criminal Procedure Code...
Nishith Desai Associates
India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award.
Nishith Desai Associates
The Commercial Court in London ruled back in 2009 that London was the seat of arbitration and the courts in London had supervisory jurisdiction in relation to the proceedings in question (2009 ruling).
Nishith Desai Associates
Union of India v Vodafone Group PLC United Kingdom and Anor, I.A.9460/2017 in CS(OS) No. 383/2017; order dated August 22, 2017 (not reported by Lexis®Nexis UK)...
Clyde & Co
The question before the Hon'ble Supreme Court of India ("Apex Court") in Criminal Appeal No. 1265/2017 (Rajesh Sharma & Ors. vs State of UP) was whether any directions are called for to prevent the misuse...
Khaitan & Co
On 31 August 2017, the Supreme Court put to rest the controversy surrounding the course to be adopted in case of circumstances giving rise to justifiable doubts as to the independence or impartiality of an arbitrator.
Mansukhlal Hiralal & Company
The permissibility of agreements containing a two-tier arbitration clause had been under doubt for quite some time.
Singh & Associates
Relevant provisions of Arbitration and Conciliation Act, 1996 Act (hereinafter referred to as "the Act") in this context have been reproduced as follows...
Advaya Legal
In the recent case of IMAX Corporation vs. E-City Entertainment (I) Pvt. Ltd., the Supreme Court of India has emphasized that Indian courts cannot exercise jurisdiction over foreign seated international commercial arbitrations.
Advaya Legal
IGNOU, a statutory university, develops educational programs for distant learning that are offered globally. Universal Empire Institute of Technology is a Dubai based company.
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.
Singh & Associates
The Arbitral Tribunal hereinafter referred to as ‘tribunal' now has power to make representation to principal civil court of original jurisdiction and high court of its ordinary jurisdiction for contravention...
Vaish Associates Advocates
In a typical case under sec. 138 of the Negotiable Instruments Act, 1881 following proceedings, which we have tried to explain with the help of a flow chart, take place for the prosecution of the offender:-
S.S. Rana & Co. Advocates
In a recent order of the Division Bench of the Delhi High Court in the case of Simplex Infrastructure Limited vs Energo Engineering Projects Limited, Simplex Infrastructure filed a review petition ...
Dhaval Vussonji & Associates
Under Indian Laws especially under Civil Procedure Code, 1908 ("CPC") there are questions which may not have a definite answer.
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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.
Solomon & Co.
The Information Technology Act, 2000 (ITA-2000) is the primary legislation in India which deals with cybercrime and electronic commerce.
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 :
Aquilaw
In the judgment delivered on April 11, 2017, on the issue of validity of ‘compensatory tariff', the Supreme Court has put an end to the unbalanced use of regulatory power, upheld the sanctity of contracts and ...
Trilegal
On 24 August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution.
Singhania & Partners LLP, Solicitors and Advocates
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements.
Khaitan & Co
On 31 August 2017, the Supreme Court put to rest the controversy surrounding the course to be adopted in case of circumstances giving rise to justifiable doubts as to the independence or impartiality of an arbitrator.
Cyril Amarchand Mangaldas
On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016.
LexCounsel Law Offices
The phrase "existence of dispute" assumes significance as it is largely the only legal defence that a corporate debtor can take to avoid insolvency/liquidation proceedings initiated by an operational creditor.
Shardul Amarchand Mangaldas & Co
The high-profile shareholders dispute between NTT Docomo Inc. and Tata Sons Ltd. was given a quietus when the Delhi High Court, on 28 April 2017, declared an Award passed by a foreign Arbitral...
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