Mondaq All Regions - India: Litigation, Mediation & Arbitration
Clyde & Co
Clyde & Co and Clasis Law secure a landmark judgment for Doosan India from the Delhi High Court sending GMR Energy Limited back to SIAC ...
Dhir & Dhir Associates
The object of introducing Section 138 in the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") is to enhance the acceptability of cheques in the settlement of liabilities.
Singhania & Partners LLP, Solicitors and Advocates
The National Judicial Appointments Commission Act, 2014 ("NJAC Act") has been notified in the official gazette on the 13th of April, 2014.
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.
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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Singhania & Partners LLP, Solicitors and Advocates
The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament.
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 :
Singhania & Partners LLP, Solicitors and Advocates
Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act") stipulates grounds to challenge the arbitral award made under Section 31.
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.
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.
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
The Arbitration and Conciliation Act, 1996 (hereinafter the "1996 Act") supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved.
Nishith Desai Associates
The Supreme Court of India ("Court") in its recent ruling, Aravalli Power Company Ltd. ("Appellant") v. Era Infra Engineering Ltd., ("Respondent"), clarified that the provisions of the Arbitration...
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.
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
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.
IndusLaw
The efficiency of the legal system and the pace at which disputes are resolved by courts are very important factors in deciding the growth of investment and the overall economic and social development of a country.
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