Mondaq All Regions - India: Litigation, Mediation & Arbitration
Vaish Associates Advocates
Some of the prominent confusions that have been prevailing within the Bar and the Bench pertain to the applicability of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227...
Singh & Associates
In the recent judgment delivered by the Hon'ble Delhi High Court in the case of Power Grid Corporation of India Ltd. v. Jyoti Structures Ltd.
Selvam and Selvam
As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate's firm ...
S.S. Rana & Co. Advocates
In continuation of the highlights of the New Delhi High Court (Original Side) Rules, 2018, the present article deals with the remaining chapters i.e., Chapter XVI to Chapter XXXI...
Nishith Desai Associates
The contemporary commercial age is witnessing a surge of complex intertwined transactions. Identical parties may perform different roles under a single contract having multiple layers or under multiple contracts.
S.S. Rana & Co. Advocates
In the above case, the Plaintiff is engaged in the manufacturing of conventional welding electrodes and is in the business of repair and reclamation of welding electrodes.
M Mulla Associates
This growing trend has spurred the growth of International Commercial Arbitration in India.
Singhania & Partners LLP, Solicitors and Advocates
This article examines the core components of International Commercial Arbitrations between Indian and overseas parties, where the seat of arbitration is in London.
PSA
Fair adjudication of disputes is dependent on unbiased judges. In arbitrations where the parties nominate arbitrators, it is necessary to ensure that they are capable of passing awards in a fair manner.
Nishith Desai Associates
In Cheran Properties Limited v. Kasturi and Sons Limited, the Supreme Court interpreted provisions regarding execution of awards under the Arbitration and Conciliation Act, 1996 vis-à-vis the power of fora ...
Singhania & Partners LLP, Solicitors and Advocates
The purpose of this article is to provide an introduction to international arbitration in Switzerland for parties who may be contemplating arbitration to resolve international commercial disputes...
Singhania & Partners LLP, Solicitors and Advocates
A sharp rise in international business transactions, Global bidding for contracts and Foreign direct investment many Companies have to deal with International Arbitrations.
Clyde & Co
Court finds risk of dissipation in a freezing order application and considers material non-disclosure point.
Singhania & Partners LLP, Solicitors and Advocates
The present article focuses on International Commercial Arbitrations between Indian and overseas parties, where the seat of arbitration is in Canada.
Singh & Associates
The Hon'ble Bombay High Court by its judgment dated March 01, 2018, in the case titled Board of Trustees of Jawaharlal Nehru Port Trust vs. M/s. PSA Mumbai Investments Pte. Limited numbered ARBP No. 1227/2016, ...
Nishith Desai Associates
In a landmark ruling for bilateral investment treaty arbitration in Union of India vs. Vodafone Plc. and Anr., the High Court of Delhi, India (Court) ...
Singh & Associates
The Appellant and the Respondent had entered into a Loan Agreement, in which it was alleged by the Appellant that the Respondent committed a default in payment of instalments.
Singh & Associates
In the recent judgment delivered by the Hon'ble Delhi High Court in the case of Power Grid Corporation of India Ltd. v. Jyoti Structures Ltd., the Hon'ble High Court dwelled upon the question -
Khurana and Khurana
There is always a concern while filing a suit as to whether all the parties concerned have been taken into account or not.
Nishith Desai Associates
A small but very significant change made by the government is in the appointment of judges to commercial courts.
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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.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
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.
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.
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
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
Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
Tuli & Co
A full bench of the Supreme Court of India in Cheran Properties Limited v. Kasturi and Sons Limited & Ors.[1] has held that an award can be enforced even against a non-signatory to the arbitration proceedings.
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.
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.
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.
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