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Economic Laws Practice
Every party to an arbitration agreement seeking interim relief faces a choice right at the outset between approaching a court or the tribunal, or in some cases, an emergency arbitrator.
Kochhar & Co.
A Division Bench of the Hon'ble Supreme Court comprising of Hon'ble Mr. Justice Aniruddha Bose and Hon'ble Mr. Justice J.B. Pardiwala on ...
HSA Advocates
On January 17, 1992, a Hypothecation Agreement was executed between Glitter Overseas & others (Petitioners) and MMTC Ltd (Respondent) in respect of which the Respondent...
Spice Route Legal
The enforceability of international arbitral awards in India has been structured and interpreted, over the years, to facilitate a pro-business, pro-arbitration climate in India, and attract international investments into the country.
S.S. Rana & Co. Advocates
The Hon'ble Meghalaya High Court at Shillong vide its order dated May 13, 2022 in the matter of HDFC Bank Ltd. Mawlai Nonglum Branch & Anr v. Sri Baklai Siej & Anr.
Bharucha & Partners
This article discusses the concept of emergency arbitration and its recognition and enforcement in India particularly in light of the Supreme Court judgment in NV Investment Holdings LLC v. Future Retail Limited & Ors ...
S.S. Rana & Co. Advocates
In a recent case, the Hon'ble Delhi High Court vide its order in the case Tanul Thakur v. Union of India , has directed the Committee constituted by MeitY (Ministry of Electronics and Information Technology) under the...
S.S. Rana & Co. Advocates
The Hon'ble Supreme Court vide its order dated May 09, 2022 in the matter of Dilip Hariramani v. Bank of Baroda has observed that a person cannot be convicted for the ...
Khaitan & Co LLP
Overturning the finding rendered by the Delhi High Court, the Supreme Court in Indian Oil Corporation Limited v NCC Limited inter alia held that a Court when deciding an application under Section 11...
Kochhar & Co.
Section 16 of the Arbitration and Conciliation Act, 1996 ("Act") embodies the principle of Kompetenz Kompetenz and empowers the arbitral tribunal to rule on its own jurisdiction.
S&R Associates
There is, often, a complex interplay between transnational legal standards for the enforcement of commercial contracts and various domestic legislations.
Krishnamurthy & Co
An emergency arbitration ("EA") is an arbitration mechanism where parties can seek urgent interim reliefs prior to the formation of the arbitral tribunal.
Tuli & Co
The Bombay High Court has recently held that if a place is designated as the "venue" at which the arbitration proceeding shall be held in its entirety, then that venue is implicitly also the "seat"...
M Mulla Associates
The Apex Court in its decision in Kewal Krishnan vs Rajesh Kumar and Others held that if a sale deed in respect of an immovable property was executed without payment of price...
HSA Advocates
The Special Leave Petition revolves around permission to terminate the ongoing and unwanted pregnancy of the Petitioner.
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.
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 NV Investment Holdings LLC v. Future Retail Ltd. & Ors. confirming that...
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