Mondaq All Regions - India: Litigation, Mediation & Arbitration
Khaitan & Co
The matter involved an interesting proposition of law in dealing with a challenge raised by Era Infra before the Delhi High Court in two separate petitions filed against Aravali Power under Section 14 and 11(6) of the 1996 Act...
S.S. Rana & Co. Advocates
In the recent order dated August 14, 2017, in Pradyuman bisht vs Union of India & Ors. (IA 10142/2015 arising out of Writ petition(s) (criminal) no(s). 99/2015).
LexCounsel Law Offices
The phrase "existence of dispute" assumes significance as it is largely the only legal defence that a corporate debtor can take to avoid insolvency/liquidation proceedings initiated by an operational creditor.
Aquilaw
A person entrusted with a duty to adjudicate must be independent and impartial. This two fold requirement becomes increasingly relevant in the context of arbitrations wherein the appointment...
Aquilaw
A settlement between the disputing parties is a much needed resort in the modern day commercial world. A settlement ensures that the disputes between the parties end in amicable terms leaving each party satisfied.
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...
Nishith Desai Associates
India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award.
Nishith Desai Associates
The Commercial Court in London ruled back in 2009 that London was the seat of arbitration and the courts in London had supervisory jurisdiction in relation to the proceedings in question (2009 ruling).
Nishith Desai Associates
Union of India v Vodafone Group PLC United Kingdom and Anor, I.A.9460/2017 in CS(OS) No. 383/2017; order dated August 22, 2017 (not reported by Lexis®Nexis UK)...
Clyde & Co
The question before the Hon'ble Supreme Court of India ("Apex Court") in Criminal Appeal No. 1265/2017 (Rajesh Sharma & Ors. vs State of UP) was whether any directions are called for to prevent the misuse...
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.
Mansukhlal Hiralal & Company
The permissibility of agreements containing a two-tier arbitration clause had been under doubt for quite some time.
Singh & Associates
Relevant provisions of Arbitration and Conciliation Act, 1996 Act (hereinafter referred to as "the Act") in this context have been reproduced as follows...
Advaya Legal
In the recent case of IMAX Corporation vs. E-City Entertainment (I) Pvt. Ltd., the Supreme Court of India has emphasized that Indian courts cannot exercise jurisdiction over foreign seated international commercial arbitrations.
Advaya Legal
IGNOU, a statutory university, develops educational programs for distant learning that are offered globally. Universal Empire Institute of Technology is a Dubai based company.
Singh & Associates
In order to protect the customers from the situation arising out of unequal bargaining power, the Legislature has tried to provide an additional remedy under Section 3 of the Consumer Protection Act.
Singh & Associates
The Arbitral Tribunal hereinafter referred to as ‘tribunal' now has power to make representation to principal civil court of original jurisdiction and high court of its ordinary jurisdiction for contravention...
Vaish Associates Advocates
In a typical case under sec. 138 of the Negotiable Instruments Act, 1881 following proceedings, which we have tried to explain with the help of a flow chart, take place for the prosecution of the offender:-
S.S. Rana & Co. Advocates
In a recent order of the Division Bench of the Delhi High Court in the case of Simplex Infrastructure Limited vs Energo Engineering Projects Limited, Simplex Infrastructure filed a review petition ...
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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Alpha Partners
This paper attempts to delineate various aspects of Section 138 of the Negotiable Instruments Act. Section 138 is the principal section dealing with dishonor of cheques.
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.
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.
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 :
Clyde & Co
In 2002, the Indian Supreme Court decided, in Bhatia International v Bulk Trading SA1 ('Bhatia') that Indian courts had exclusive jurisdiction to test the validity of an arbitral award made in India...
Solomon & Co.
There are two ways in which a foreign judgment or decree can be enforced in India depending on whether the judgment or decree has been given by a court in a reciprocating territory or not.
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.
Vaish Associates Advocates
In a typical case under sec. 138 of the Negotiable Instruments Act, 1881 following proceedings, which we have tried to explain with the help of a flow chart, take place for the prosecution of the offender:-
Nishith Desai Associates
Much has been said about the Supreme Court of India ["SCI"] judgment in Bharat Aluminium Co. v. Kaiser Aluminium Technical Service1which has perceivably changed the arbitration regime in India.
Singhania & Partners LLP, Solicitors and Advocates
The recent amendments (Amendment Act 2015) brought to the Arbitration and Conciliation Act 1996 (1996 Act) have brought about significant changes to the arbitration law in India.
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