Searching Content indexed under Arbitration & Dispute Resolution by Khaitan & Co ordered by Published Date Descending.
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Arbitration And Conciliation (Amendment) Act, 2019- An Attempt To Further Promote Arbitration
The article should not be envisaged as an information primer for the entirety of the Amendment Act.
4 Sep 2019
The Venue Of Your Domestic Arbitration May Just Also Be Its Seat: Supreme Court Of India
Recently, a division bench of the Hon'ble Supreme Court comprising Justices R. Banumathi and A.S. Bopanna, in the case of Brahmani River Pellets Ltd v Kamachi Industries Ltd...
8 Aug 2019
The Singapore Convention: A Potential Cornerstone Of Mediation
In India, mediation as a method of dispute resolution has been around for centuries.
7 Aug 2019
Would The Chit Funds Act, 1982, Being A Self-Contained Code, Prevail Over The Provisions Of The Arbitration And Conciliation Act,1996?
One Mr Harish Pujary, the brother of the Petitioner, was a member of the chit group of the Respondent.
12 Jul 2019
SC: Validity Of An Unstamped/Insufficiently Stamped Agreement In Relation To Section 11(6a) Of The Arbitration And Conciliation Act, 1996
The question that arose before the Supreme Court in the appeal in Garware Wall Ropes Ltd vs Coastal Marine Constructions & Engineering Ltd, Civil Appeal No 3631 of 2019 was whether the earlier judgement of...
3 May 2019
Supreme Court Strikes Down Clause Mandating Payment Of Deposit As Pre-Condition To Invoking Arbitration
The Supreme Court, in its recent judgment in ICOMM Tele Ltd. v Punjab State Water Supply and Sewerage Board & Anr., delivered on 11 March 2019, has ruled on the validity of an arbitral clause mandating deposit ...
5 Apr 2019
SC Fortifies Principles Of Incorporating Arbitration Clause By Reference
Recently, in the case of Giriraj Garg v Coal India Limited and Others (Civil Appeal No. 1695 of 2019 decided on 15 February 2019), the Supreme Court has fortified the principle of incorporation of an arbitration clause ...
13 Mar 2019
SC: Former Employee Is Not Disqualified From Being Appointed As An Arbitrator
Vide a recent judgment dated 3 January 2019 in the matter of Government of Haryana PWD Haryana (B and R) Branch v M/s G F Toll Road Pvt Ltd & Ors (Civil Appeal No. 27/2019 in S.L.P. (C) No. 20201 of 2018), ...
21 Jan 2019
The NCLAT Rules That The Adjudicating Authority Has No Jurisdiction To Decide The Legality And Propriety Of A Foreign Decree
The NCLAT, vide its judgment in Usha Holdings LL.C. & Anr v Francorp Advisors Pvt Ltd (Company Appeal (AT) (Insolvency) No. 44 of 2018) dated 30 November 2018, held that the NCLT cannot determine ...
14 Jan 2019
Supreme Court Rules On The Arbitrability Of Consumer Disputes
The Appellant's main contention in support of its application was the wording of Section 8(1) of the Arbitration Act after the 2015 Amendment.
4 Jan 2019
An Unsigned Arbitration Agreement Is Not A Bar To Arbitration
In its recent decision in the matter of M/s Caravel Shipping Services Private Limited v M/s Premier Sea Foods Exim Private Limited (C.A. No.-010800-010801 of 2018 in SLP (C) Nos. 31101-31102 of 2016), ...
13 Nov 2018
Supreme Court Lays Down Guidelines To Determine The Interest Payable On Arbitral Awards In International Commercial Arbitrations
The arbitral tribunal's award contained separate sums of money payable under each claim
1 Nov 2018
Limitation Under Section 34(3) Of Arbitration And Conciliation Act 1996 Will Prevail Over Section 17 Of The Limitation Act 1963: Supreme Court
The parties to the arbitration proceedings received a final award on 21 February, 2010 under which the appellants were required to transfer certain properties to the respondent.
22 Oct 2018
Venue / Seat / Place – Finality Or More Complexity? – Supreme Court Of India Decides
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) ...
11 Oct 2018
Madras High Court Deals With Liabilities Of An Intermediary In A Copyright Infringement Dispute
Fermat Education (Plaintiff) has been providing class-room coaching and online courses for competitive exams, since 2014.
20 Sep 2018
Pendency Of Challenge To An Arbitral Award – A Bar To Insolvency Proceedings
At this juncture, after the Appellant appealed against the decision of the NCLAT.
18 Sep 2018
Madras High Court Deals With Liabilities Of An Intermediary In A Copyright Infringement Dispute
The Plaintiff also made third parties who uploaded the infringing content on the Platform parties to the suit.
11 Sep 2018
Domestic Arbitral Award Challenge: Proof To Be Furnished By Affidavit, Trial Only In The Rarest Cases
On the anvil of the proposed amendment in the Arbitration and Conciliation Act, 1996, on 20 August 2018, the Supreme Court of India in Emkay Global Financial Services Ltd. v. Girdhar Sondhi has clarified that ...
9 Sep 2018
Supreme Court Clarifies Section 11(6A) Of Arbitration And Conciliation Act By Allowing Factual Enquiry
A full bench of the Hon'ble Supreme Court of India (the Court) in the case of United India Insurance Co. Limited v Hyundai Engineering and Construction Co Ltd & Ors has clarified that the observation of the Court ...
2 Sep 2018
Specific Relief (Amendment) Act, 2018
The Specific Relief (Amendment) Act, 2018 (Amendment Act) was published in the official gazette on 1 August 2018.
17 Aug 2018
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