Mondaq All Regions - India: Litigation, Mediation & Arbitration
Tuli & Co
The Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 ('Amendment Act') was passed by the parliament on 10 August 2018. Earlier on 3 May 2018 the government had notified the Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018 ('the Ordinance') which has resulted in the Amendment Act.
S.S. Rana & Co. Advocates
The Court made vital observations regarding the restraints to be adhered by public leaders while making statements.
Shardul Amarchand Mangaldas & Co
The Petitioner in the matter relies on an arbitration clause as contained in the Supplementary Deed of Partnership dated 9 July 2012. Since certain disputes had arisen between the parties on 29 September 2014, the Petitioner had filed a petition being OMP No. 1198 of 2014 under Section 9 ("Section 9 Petition") of the Arbitration and Conciliation Act, 1996 ("Act").
NovoJuris Legal
The Commercial Courts (Pre Institution Mediation and Settlement) Rules, 2018 ("the Rules") have been made under Section 21A(2) read with Section 12A(1) of the Commercial Courts Act, 2015.
Dhaval Vussonji & Associates
However, the same is not set in stone and is subject to the facts and circumstances of each case.
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.
Singhania & Partners LLP, Solicitors and Advocates
The Law Commission has rejected the proposal for pre-trial conferences in the Fourteenth Report.
Singhania & Partners LLP, Solicitors and Advocates
Arbitration has slowly gained ground as the most preferred mode of dispute resolution with a high focus on speedy dispute resolution, preference to party autonomy and minimal intervention of Courts.
Khaitan & Co
The Supreme Court granted leave to appeal to the Appellant challenging the final judgments and orders dated 23 July 2015 and 05 November 2015 passed by the Gujarat High Court.
Singh & Associates
Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, ...
Singh & Associates
Liquidated damages are priorly estimated sums of compensation which are decided by parties at the time of formation of a contract, to be enforced if a breach is caused.
Singh & Associates
The appeal titled, Classic KSM Bashir JV vs. Rites Ltd. and Ors. 2018 SCC OnLine Del 9056, challenges the order of the learned Single Judge which had declined the grant of interim relief under Section 9 ...
Vaish Associates Advocates
A division bench of the Delhi High Court in the matter of Ruchika Singh Chhabra v. M/s. Air France India and Another (decided on May 30, 2018) made certain stern observations in an alleged sexual harassment case.
Singh & Associates
In addition, the article also discusses the contours of applicability of the aforesaid sections.
Singh & Associates
To remove certain practical difficulties in the application of the Arbitration and Conciliation (Amendment) Act, 2015, and to give a boost to institutional arbitration...
Singh & Associates
Recently, the Hon'ble Supreme Court of India, in the case titled Oriental Insurance Company Vs M/S Narbheram Power & Steel Ltd. bearing Civil appeal no.2268 of 2018 (arising out of S.L.P.(c) No.33621 of 2017), ...
Singh & Associates
An agreement was entered into between Antrix (a Union Government of India undertaking having its registered office at Bangalore) and Devas (an incorporated company having registered office at Bangalore) ...
Nishith Desai Associates
Court appoints a commission to a foreign country to record the evidence of a witness; Evidence recorded on commission in another country does not amount to a change in venue of arbitral proceedings;
S.S. Rana & Co. Advocates
Therefore, it was alleged this Court has no territorial jurisdiction to entertain this suit and the plaint be returned.
Singhania & Partners LLP, Solicitors and Advocates
This is a ready reference of important provisions for some of the popular institutional arbitrations opted by parties around the world.
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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.
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.
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
Dhaval Vussonji & Associates
Under Indian Laws especially under Civil Procedure Code, 1908 ("CPC") there are questions which may not have a definite answer.
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.
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.
Khaitan & Co
The High Court has inter alia held that Section 34(5) and Section 34(6) of the amended Arbitration Act shall not be applicable to petitions arising from arbitral proceedings commenced before the enforcement of the Amendment Act...
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...
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