Mondaq All Regions - India: Litigation, Mediation & Arbitration
Shardul Amarchand Mangaldas & Co
In disputes between Sundaram Finance Limited ("Appellant") and Abdul Samad in relation to default in repayment of a loan, an ex-parte arbitration award was made on 22 October 2011 in favour of the Appellant ("Award").
Khaitan & Co
By a judgment delivered on 15 February 2018 in Sundaram Finance v Abdul Samad & Anr, a two Judge bench of the Hon'ble Supreme Court of India has clarified the anomaly with regard to the appropriate jurisdiction for enforcement of an arbitral award.
Singh & Associates
The Appellant issued a tender enquiry to 19 parties, including the Respondent, for supply of Defoamers.
Singh & Associates
In a recent decision passed by the Hon'ble Supreme Court of India in the matter titled as "Himangni Enterprises v Kamaljeet Singh Ahulwalia", the Hon'ble Supreme Court bench comprising of Hon'ble Justices R K Agarwal ...
Singh & Associates
The Hon'ble Supreme Court, vide its judgment dated 05.01.2018 in the recent case of Inox Wind vs. Thermocables Ltd has examined the scope of Section 7 (5) of the Arbitration and Conciliation Act, 1996
Singh & Associates
This research paper analyses the recent judicial trends pertaining to the enforceability of International Arbitral Awards in India.
Tuli & Co
A Division Bench comprising Justice R. F. Nariman and Justice Navin Sinha has in a recent decision in Kandla Export Corporation & Anr. v M/s OCI Corporation & Anr.
Shardul Amarchand Mangaldas & Co
Special Leave Petitions ("SLPs") were filed by the Friends Group, through Kandla Export Corporation, against the Impugned Order.
Nishith Desai Associates
Arbitration analysis: Moazzam Khan, Head of Global Litigation Practice and Shweta Sahu, Member at Nishith Desai consider the Indian Supreme Court's decision in Venture Global Engineering LLC v Tech Mahindra, ...
Nishith Desai Associates
Formal application under Section 8 is not required if defendant raises an objection on maintainability of suit due to existence of arbitration clause in written statement;
Shardul Amarchand Mangaldas & Co
A Division Bench of the Supreme Court of India has decided to examine the correctness of a judgment of the NCDRC in Aftab Singh and others vs. Emaar MGF Land Limited and others, ...
Khaitan & Co
By a judgment delivered on 31 January 2018, the Delhi High Court has held that the award passed in favour of Daiichi Sankyo Company Ltd. (the Petitioner) against the Singh Brothers...
Shardul Amarchand Mangaldas & Co
Whether the Single Judge of the High Court erred in upholding the arbitral Award, warranting interference under Section 37 of the Act.
Vaish Associates Advocates
The Supreme Court in Toyota Jidosha Kabushiki Kaisha v. M/s Prius Auto Industries Limited and Others (decided on December 14, 2017) while holding that the use of the mark "Prius"...
Singh & Associates
Arbitration is an alternative system of dispute resolution. The system follows the mandate of "minimal court intervention" and Courts can interfere in the arbitral ...
Singh & Associates
That the Hon'ble Supreme Court of India in its recent judgment titled as M.D.Frozen Foods Exports Pvt. Ltd. & Ors. vs Hero Fincorp Limited numbered as Civil Appeal No. 15147 of 2017 arising...
Khaitan & Co
It is commonplace for businesses to enter into legal relationships with each other on the basis of contracts containing multiple documents.
Singh & Associates
The Delhi High Court in a recent judgment dated February 28, 2017, delivered by Justice S. Murlidhar in Alupro Buildings Systems Pvt Ltd Vs. Ozone Overseas Pvt Ltd, has given a much needed interpretation and clarity ...
Singh & Associates
The order by the High Court establishes the point that the remedy of a consumer of services is independent of the contractual terms providing for arbitration to settle disputes.
Tuli & Co
The Supreme Court in a recent decision in M/s Indian Farmers Fertilizer Co-operative Limited v M/s Bhadra Products has held that an award passed by an arbitrator, even on a limited issue of limitation...
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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 :
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 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
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements.
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.
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.
S.S. Rana & Co. Advocates
On April 19, 2017, a two-judge bench of the Supreme Court bench passed their judgment in Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited and Ors.
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.
Vaish Associates Advocates
The Benami Transactions (Prohibition) Act, 1988 was amended by the Benami Transaction (Prohibition) Amendment Act, 2016, whereby substantial provisions were added to the existing Act...
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...
IndusLaw
The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain a vexed issue.
Dhaval Vussonji & Associates
Under Indian Laws especially under Civil Procedure Code, 1908 ("CPC") there are questions which may not have a definite answer.
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