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India
Agama Law Associates
The clause of the unilateral appointment of an arbitrator goes fundamentally against the well-known principle of "A man cannot be appointed as a judge in his own cause".
Tuli & Co
An arbitral award can be set aside under §34 of the Arbitration and Conciliation Act 1996 on limited grounds and a further appeal lies under §37.
ZBA
A recent judgment of the Bombay High Court dealing with a dispute regarding Letters of Credit (LOC), sheds valuable light and guidance on the duty of bankers make payment under the credit.
Tuli & Co
A three-judge Bench of the Supreme Court has set aside an arbitral tribunal's §16 order on the ground that it failed to consider the applicability of the "group of companies" doctrine.
Herbert Smith Freehills
The Supreme Court of India (the "Court") has recently handed down a significant judgment in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. & Ors. confirming that...
Khaitan & Co LLP
A 3-judge bench of the Supreme Court of India in Narinder Singh & Ors. v. Divesh Bhutani & Ors. (Civil Appeal No. 10294 of 2013) has clarified the scope of the term "forests" under Section 2 of...
Karanjawala & Company
The adjudication of disputes through arbitration is at a crossroads today, with the cons outweighing the pros for adopting arbitration instead of court litigation.
S&A Law Offices
The act of blacklisting is often exercised by the Government or public sector undertakings in India so as not to enter into a contractual relationship with contractors due to various reasons...
S&A Law Offices
The most vital part of arbitration is speedy resolution, which would involve the rendering of enforceable conservatory measures at the interim stages of the proceedings.
S&A Law Offices
‘Abandonment' has been defined in the Black's Law Dictionary as "the relinquishing of a right
or interest with the intention of never reclaiming it".
Tuli & Co
The Delhi High Court has held that an order passed by an arbitral tribunal pursuant to the matter being remitted back to it cannot be treated as a fresh arbitral award...
IndusLaw
In this newsletter, INDUSLAW 日本のニュースレター brings you key legal, regulatory and policy updates from India (both sector-specific and general) for the recently concluded quarter.
S&A Law Offices
The concept of ‘Party Autonomy', having held the centre stage and being the focus of the entire arbitration process, this principle also came to be
S&A Law Offices
With the development and exploration of sports activities, various disputes and differences also cropped up, in the wake of various allied interests involved in such sports activities.
S&A Law Offices
Declaratory relief, also known as declaratory award or declaration, is one of the remedies available to the parties, essentially of the nature of a statement made by the court/ tribunal at the prayer
S&A Law Offices
Arbitrability of disputes that are excepted from the purview of arbitration under the parent agreement/contract has long been discussed in great depth by the courts in India in the last decade.
S&A Law Offices
Under Commercial matters, considering the heavy reliance upon documents for establishing its case, it becomes incumbent for the parties to
S&A Law Offices
An arbitration proceeding or reference would not persist unless an arbitration agreement or an arbitration clause exists. Section 7 of the Arbitration and Conciliation Act, 1996...
Whether Cross Objection Can Be Filed Under Section 37 Of The Arbitration And Conciliation Act, 1996?
S&A Law Offices
Order 41, Rule 22 of the Civil Procedure Code, 1908 ("CPC") allows a party that has not preferred an appeal against a decree, to file a cross objection against the unfavourable part of the decree...
Economic Laws Practice
We are happy to share the next episode of the ELP Podcast Series. India's intent to elevate arbitration as the preferred mode of dispute resolution is complemented with developing jurisprudence in the country.
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