Mondaq India: Litigation, Mediation & Arbitration
Dhir & Dhir Associates
On 3rd May, 2018, Supreme court of India, in the matter Ameet Lalchand Shah and Others v. Rishabh Enterprises and Another held that where serious questions of fraud are involved, arbitration can be refused.
Shardul Amarchand Mangaldas & Co
The Petitioner in the matter relies on an arbitration clause as contained in the Supplementary Deed of Partnership dated 9 July 2012. Since certain disputes had arisen between the parties on 29 September 2014, the Petitioner had filed a petition being OMP No. 1198 of 2014 under Section 9 ("Section 9 Petition") of the Arbitration and Conciliation Act, 1996 ("Act").
NovoJuris Legal
The Commercial Courts (Pre Institution Mediation and Settlement) Rules, 2018 ("the Rules") have been made under Section 21A(2) read with Section 12A(1) of the Commercial Courts Act, 2015.
Dhaval Vussonji & Associates
However, the same is not set in stone and is subject to the facts and circumstances of each case.
Krishnomics Legal
The Negotiable Instruments Act, 1881 ("the Act") was enacted to characterize and define the law relating to authoritative records like Promissory Notes, Bills of Exchange and Cheques.
Singhania & Partners LLP, Solicitors and Advocates
The Law Commission has rejected the proposal for pre-trial conferences in the Fourteenth Report.
Singhania & Partners LLP, Solicitors and Advocates
Arbitration has slowly gained ground as the most preferred mode of dispute resolution with a high focus on speedy dispute resolution, preference to party autonomy and minimal intervention of Courts.
Khaitan & Co
The Supreme Court granted leave to appeal to the Appellant challenging the final judgments and orders dated 23 July 2015 and 05 November 2015 passed by the Gujarat High Court.
Singh & Associates
Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, ...
Singh & Associates
Liquidated damages are priorly estimated sums of compensation which are decided by parties at the time of formation of a contract, to be enforced if a breach is caused.
Singh & Associates
The appeal titled, Classic KSM Bashir JV vs. Rites Ltd. and Ors. 2018 SCC OnLine Del 9056, challenges the order of the learned Single Judge which had declined the grant of interim relief under Section 9 ...
Vaish Associates Advocates
A division bench of the Delhi High Court in the matter of Ruchika Singh Chhabra v. M/s. Air France India and Another (decided on May 30, 2018) made certain stern observations in an alleged sexual harassment case.
Singh & Associates
In addition, the article also discusses the contours of applicability of the aforesaid sections.
Singh & Associates
To remove certain practical difficulties in the application of the Arbitration and Conciliation (Amendment) Act, 2015, and to give a boost to institutional arbitration...
Singh & Associates
Recently, the Hon'ble Supreme Court of India, in the case titled Oriental Insurance Company Vs M/S Narbheram Power & Steel Ltd. bearing Civil appeal no.2268 of 2018 (arising out of S.L.P.(c) No.33621 of 2017), ...
Singh & Associates
An agreement was entered into between Antrix (a Union Government of India undertaking having its registered office at Bangalore) and Devas (an incorporated company having registered office at Bangalore) ...
Nishith Desai Associates
Court appoints a commission to a foreign country to record the evidence of a witness; Evidence recorded on commission in another country does not amount to a change in venue of arbitral proceedings;
S.S. Rana & Co. Advocates
Therefore, it was alleged this Court has no territorial jurisdiction to entertain this suit and the plaint be returned.
Singhania & Partners LLP, Solicitors and Advocates
The SC in the aforesaid case had the opportunity to pen down the rules and directions that govern a Contractor's ‘Right of First Refusal' in a tender process.
Singhania & Partners LLP, Solicitors and Advocates
This is a ready reference of important provisions for some of the popular institutional arbitrations opted by parties around the world.
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Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
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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.
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The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
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The flow chart is indicative & for general guidance only.
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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.
S.S. Rana & Co. Advocates
A full bench comprising of Hon'ble Mr. Chief Justice Dipak Misra, Hon'ble Mr. Justice AM Khanwilkar and Hon'ble Mr. Justice DY Chandrachud has laid down broad principles from various precedents ...
Vivek Nasa & Associates
Transfer of cases relating to Matrimonial Disputes from a court situated in a particular state to a court situated in another state, can only be done by the way of Transfer Petition...
S.S. Rana & Co. Advocates
The Consumer Protection Bill, 2017 which was approved by the Union Cabinet last year (as already discussed in our previous titled "India: The Union Cabinet Approves The Consumer Protection Bill, 2017"...
Dhir & Dhir Associates
he Code of Criminal Procedure, 1973 (hereinafter called "CrPC") defines Bailable Offence to "mean an offence which is shown as bailable in the First Schedule, or which is made bailable ...
Aquilaw
Captive Generating plant means a power plant set up by any person, association or any company to generate electricity primarily for his or her own use and includes a power plant set up by any co-operative society...
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