Mondaq All Regions - India: Litigation, Mediation & Arbitration
S.S. Rana & Co. Advocates
The purpose of compensation is to reestablish the position of the injured party to what it was before the injury took place.
Singh & Associates
Arbitration friendliness of a jurisdiction is primarily dependent on the enforcement regime of Arbitral Awards by the Courts of the jurisdiction.
Shardul Amarchand Mangaldas & Co
The disputes between M/s Lion Engineering Consultants ("Appellant") and State of Madhya Pradesh ("Respondent") in relation to a works contract were referred to arbitration.
Singh & Associates
On August 08, 2017, the High Court of Gujarat allowed the execution petition filed by the Respondents.
Singh & Associates
The Central Government for speedy resolution of commercial disputes and to make India an international hub of Arbitration and a Centre of robust ADR mechanism catering to international and domestic arbitration, ...
Singh & Associates
The preamble of the consumer protection act, 1986 declares that the act had been enacted to protect the interest of the consumers from exploitation and to present the consumer complaints...
Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
Nishith Desai Associates
The Indian arbitration law underwent a complete overhaul in 2015/16. Various important amendments were made to the Arbitration and Conciliation Act 1996 (the Act).
Khurana and Khurana
The Alternative methods of dispute resolution have eventually acquired a huge popularity and utility in the commercial and business- commerce sector.
Khaitan & Co
By a judgment delivered on 28 March 2018 in Asian Resurfacing of Road Agency Private Limited & Anr v Central Bureau of Investigation , a three Judge bench of the Hon'ble Supreme Court comprising of ...
Nishith Desai Associates
The Supreme Court passed judgments overruling its previous positions, and the government made changes to the law, bringing in much-needed air of freshness in an otherwise stale and abused law.
Nishith Desai Associates
Jurisdictional pre-condition for reference to arbitration is that the parties should seek a reference or submission to arbitration ...
Nishith Desai Associates
Kandla Export Corporation & Anr v M/s OCI Corporation & Anor Civil Appeal No. 1661-1163 of 2018, judgment dated 7 February 2018 (not reported by LexisNexis® UK)
Singhania & Partners LLP, Solicitors and Advocates
The controversy pertaining to the amended provisions of Section 36 of the Arbitration and Conciliation (Amendment) Act, 2015 ("The Amendment Act") has finally seen the dawn of the day, ...
M Mulla Associates
The Supreme Court discussed the provisions of Sections 421 and 433 of the Companies Act, 2013 which provide for filing of appeals from the orders of the National Company Law Tribunal (NCLT) within a period of 45 days with a further grace period of 45 days.
Singh & Associates
Daiichi Sankyo Company Ltd. ("Daiichi") filed a petition before the Hon'ble High Court of Delhi seeking enforcement of foreign arbitral award passed in its favour on April 29, 2016.
Khaitan & Co
The Hon'ble Supreme Court of India pronounced a judgment restricting foreign law firms/lawyers from setting up offices in India and has only allowed them to come to India on temporary basis for advise on foreign law only ...
S.S. Rana & Co. Advocates
The Arbitration and Conciliation Act, 2015, has been enacted with a view to monitor the arbitral proceeding being conducting at domestic as well as international levels.
Khaitan & Co
The statute governing arbitrations in India i.e. the Arbitration and Conciliation Act 1996 has witnessed substantial amendments by way of the Arbitration and Conciliation Amendment Act 2015...l
Nishith Desai Associates
Do you have an arbitral award in your favour which you have been unable to enforce? Well you may now. On October 23, 2015, amendments were made to the Arbitration & Conciliation Act, 1996.
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Shardul Amarchand Mangaldas & Co
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
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 :
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.
Luthra & Luthra Law Offices
A preliminary hearing in a criminal trial is one of great importance, and the right to seek a discharge (threshold dismissal) is an extremely valuable right that the Criminal Justice System guarantees to the Accused.
Dhaval Vussonji & Associates
Under Indian Laws especially under Civil Procedure Code, 1908 ("CPC") there are questions which may not have a definite answer.
Infini Juridique
The Government of India has recently notified "The Arbitration and Conciliation (Amendment) Ordinance, 2015". The notification was issued on October 23, 2015 and came into effect from the same date.
Dhaval Vussonji & Associates
Largely, under the provisions of Civil Procedure Code, 1908 any party is permitted to amend its pleadings in order to bring out the true and correct facts necessary for determining...
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.
Singhania & Partners LLP, Solicitors and Advocates
The journey towards India becoming a desirable hub for International commercial arbitration has been and continues to be a long and arduous done.
Shardul Amarchand Mangaldas & Co
The Arbitration and Conciliation (Amendment) Bill, 2018 to further amend the Arbitration and Conciliation Act, 1996 was approved on 7 March 2018 by Cabinet of Ministers for introduction...
Singh & Associates
Per incuriam, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.
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.
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