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India
Advani & Co
Indian arbitration jurisprudence has undoubtedly witnessed many controversies with regard to the various facets of the Arbitration and Conciliation Act, 1996 (the Act).
AKS Partners
A right of first refusal ("ROFR") is a contractual entitlement of a party to enter into a business transaction with the counterparty (to a contract) which such counterparty is desirous of executing...
AKS Partners
While capturing the Indian updates, we believe it is imperative to discuss some of the recent decisions by the Supreme Court
Krishna & Saurastri Associates
By taking judicial notice of the unprecedented challenges posed by the COVID-19 pandemic to litigants all across the country and in view of the severity...
Khaitan & Co
The recent rise in the COVID-19 cases in India led the Hon'ble Supreme Court of India (Supreme Court) to pass another order dated 27 April 2021 (SC Order) in Suo Moto Writ Petition...
Tuli & Co
According to §18 of the Limitation Act 1963, an acknowledgment of liability in writing before the expiry of the limitation period will reset the limitation clock to the date of the acknowledgment.
Tuli & Co
The Supreme Court has ruled on the "seat" and "venue" of an arbitration, and the impact that a change in venue has upon the seat and the subsequent challenge proceedings.
Phoenix Legal
In a recent case titled M/s Inox Renewables Ltd. v. Jayesh Electricals Ltd. , the Hon'ble Supreme Court of India held that where the parties to a dispute change the venue...
Tuli & Co
Noting the difficulties that can be faced in enforcing judgments, the Supreme Court has issued directions for enforcement proceedings to be expedited.
Trilegal
The Government has been issuing numerous advisories, notifications and relaxations to enable companies to face the hardships caused by the spread of COVID-19 and equip them to better handle...
Phoenix Legal
In the recent decision of PASL Wind Solutions Pvt. Ltd. v. GE Power Conversion India Pvt. Ltd.,1 a three-judge bench of the Hon'ble Supreme Court was faced with the issue of whether two Indian...
Advani & Co
In about a span of decade, dispute funding or litigation funding or now more commonly known as Third Party Funding (‘TPF')
RPV Legal
Section 16 of the Indian Arbitration & Conciliation Act, 1996 (‘the Act') provides for the principle of separability, as per which an arbitration clause enshrined in a contract is considered a separate agreement in itself.
Party Autonomy In Arbitration: Supreme Court Upholds Change Of Venue Permissible By Mutual Agreement
Phoenix Legal
In a recent judgment, the Supreme Court of India opined that parties to an arbitration by mutual agreement can change the venue/ place of arbitration and that the new venue/ place of arbitration becomes the ‘seat' of arbitration.
Obhan & Associates
In the past, the Supreme Court has examined what would transpire in the event an arbitration agreement was not duly stamped. The Supreme Court, in the case of M/S Sms Tea Estates P.Ltd...
S.S. Rana & Co. Advocates
The foremost objective upon receipt of summons of a suit for a Defendant(s), is to prepare a defense and represent oneself, whether it be an individual or company.
Singhania & Partners LLP, Solicitors and Advocates
The Hon'ble Supreme Court of India in one of its most recent judgment has laid down that two Indian parties are entitled to select a foreign seat of arbitration.
Singhania & Partners LLP, Solicitors and Advocates
In recent times, the arbitration law in India has evolved many folds. It has been settled by the Supreme Court that ‘seat of arbitration' determines the jurisdiction of the court in an arbitration matter.
Khaitan & Co
In a recent decision dated 13 April 2021 in M/s Inox Renewables Ltd v Jayesh Electricals Ltd (Civil Appeal No. 1556 of 2021), a two-judge bench of the Supreme Court of India held that it is open for parties to an arbitration agreement ...
Advani & Co
One of the most important facets of arbitration is mutual consent of the disputing parties to resort to arbitration as means of resolution of disputes. In fact, requirements for a valid arbitration...
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