Mondaq All Regions - India: Litigation, Mediation & Arbitration
The Petitioner, IBI Consultancy India Private Limited is the Indian subsidiary of the IBI Group based in Canada.
The Appellant-Respondent used to supply goods to Union of India (the Respondent-Petitioner, the "UOI") under contracts from November from 1987 to 1991.
The Petitioner is a Consortium of M/s Larsen and Toubro, an Indian company, together with Scomi Engineering Bhd, a Company incorporated in Malaysia, that had entered into an agreement with the Respondent ...
Lakshmikumaran & Sridharan Attorneys
KCPL came in appeal before the Supreme Court.
Tuli & Co
The Supreme Court in its recent judgment in Vedanta v Shenzen Shandong Nuclear Power Construction Co has laid down guidelines to be followed by arbitrators for awarding interest in international commercial arbitrations which have a seat in India.
Clarus Law Associates
On 10.10.2018, a division bench of the Supreme Court of India in its judgment in the matter of Radha Chemicals v Union of India, has clarified and reaffirmed that "the court while deciding a Section 34 (Arbitration and Conciliation Act, 1996) petition has no jurisdiction to remand the matter to the Arbitrator for a fresh decision".
Singhania & Partners LLP, Solicitors and Advocates
In a recent judgment, the Apex Court examined whether a Clause appearing in MOU was arbitration agreement.
M Mulla Associates
A foreign award was passed in London on 12th February 2015 ordering the Appellant to pay damages and interest thereon.
Deviation can be made from arbitration agreement for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
In an international commercial arbitration, in the absence of an agreement between the parties on interest, the rate of interest shall be governed by the law of the Seat of arbitration.
Limitation period prescribed under Section 34(3) of the Arbitration Act is to be computed from the time the party receives the copy of the award.
Khaitan & Co
A three-judge Bench of the Hon'ble Supreme Court of India has by its judgment dated 25 September 2018 in Union of India v Hardy Exploration and Production (India) Inc, (Civil Appeal No. 4628 of 2018) ...
The Negotiable Instruments (Amendment) Act, 2018 (the "Amendment") was recently passed by parliament and came into effect from September 1, 2018.
An arbitration award was passed pursuant to arbitration Rule No.125 of the Grain and Feed Trade Association (GAFTA) directing the Appellants, who were the sellers, to pay the Respondents.
Singh & Associates
The Hon'ble Supreme Court of India, recently, while setting aside a judgment of the High Court of Judicature at Madras opined that an arbitration clause needs to be interpreted strictly and the matter shall not be referred ...
Singh & Associates
The Division Bench of the Hon'ble Supreme Court of India in the matter of M/s. Shriram EPC Limited vs. Rioglass Solar SA has uphold that the payment of stamp duty under the Indian Stamp Act, 1899 ...
Nishith Desai Associates
Signing Ceremony Of The Guide On Mutual Recognition And Enforcement Of Civil And Commercial Judgments In DIFC Courts And Courts In India Between DIFC Courts And Nishith Desai Associates (September 14, 2018)
Khurana and Khurana
The Appellant is a well-known South Indian actress.
This is a case study on the Resolution process under IBC. The Part-I deals with timeline for better understanding of this entire process.
The aim of an argument, or of a discussion, should not be victory, but progress.
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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.
Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
L&L Partners
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 :
L&L Partners
Whether anticipatory bail should be granted only for a limited period of time, or once granted, should it continue till the end of trial?
VGC Law Firm
The same have been briefly discussed in the present article.
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.
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.
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...
Singh & Associates
S482, under the 37th Chapter of the Code – titled ‘Miscellaneous' deals with Inherent powers of the Court.
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...
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.
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