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AKS Partners
Section 27 of the Arbitration and Conciliation Act, 1996 provides a mechanism whereby the arbitral tribunal or a party to the dispute (with the approval of the arbitral tribunal) can seek assistance of the court in taking evidence.
Clasis Law and Associates
The single judge of the Delhi High Court in the case of M/s IMZ Corporate Pvt Ltd vs MSD Telematics Pvt Ltd held that if there is no intention to negotiate before referring the disputes to arbitration, ...
Vaish Associates Advocates
In the matter of India Resurgence ARC Private Limited v. M/s Amit Metaliks Limited & Another [Civil Appeal No. 1700 of 2021] decided on May 13, 2021 the Supreme Court held that a dissenting secured creditor cannot challenge ...
InvnTree Intellectual Property Services Pvt. Ltd.
The Supreme Court of India, owing to the sudden unprecedented surge the number of Covid cases across the country, exercised its power based the provisions laid out in Articles 141 and 142 of the Constitution of India ...
‘Third-Party Funding' - this concept, which has a foreign ring to it, is widely believed to be invalid in India.
Khaitan & Co
On 29 June 2021, in Silpi Industries v Kerala State Road Transport Corporation and Khyaati Engineering v Prodigy Hydro Power Pvt Ltd, the Supreme Court laid rest to a teething issue, which invariably occurs in the proceedings ...
Upscale Legal
"Prior consent of central government is not required to enforce an arbitral award against a foreign state."
King, Stubb & Kasiva
This article discusses the rationale given by the Court while dealing with the aforesaid issues in light of various decisions of the Apex Court and several High Courts.
Singh & Associates
Consent by parties is the foundation of any arbitration. Usually, this consent is expressed in an arbitration agreement which binds the formal signatories to the contract.
Singh & Associates
Interpretation Of Appealable Orders Under Section 37 Of The Arbitration Act, 1996: Analysis Of Chintels India Ltd. V. Bhayana Builders Pvt. Ltd.
HSA Advocates
This decision of SC is laudable as it has acted as a shield against illegal attempts of the States to water down provisions of RERA and fail or omit to implement it.
Khaitan & Co
The High Court of Delhi, in its recent decision dated 12 May 2021, has summarily dismissed a design infringement suit filed by M/s Kamdhenu Limited (Plaintiff) against M/s Ashiana Rolling Mills Limited (Defendant) ...
Singh & Associates
Tribunals are not defined in any legislation. Courts, in various judgments, have clarified that the tribunals are not courts.
Singh & Associates
The hon'ble Supreme Court in its judgment titled Bharat Sanchar Nigam Limited Vs. Nortel Networks India Private Limited dated 10.03.2021 examined an appeal under Section 11 of the Arbitration and Conciliation Act, 1996 ...
Singh & Associates
Period of Limitation has acquired the central stage in legal discussions in relation to arbitration.
S.S. Rana & Co. Advocates
The Hon'ble Supreme Court of India in a recent case has reiterated that interference of High Courts under Articles 226 and 227 of the Constitution of India shall be extremely circumspect when passing order under the ...
AKS Partners
We are pleased to share our Monthly Newsletter with you. In our Newsletter, we bring to you the most important and significant legal developments from the field of Indian and International Arbitration.
Singh & Associates
The Arbitration and Conciliation Act provides liberty to the parties to nominate an arbitrator.
Singh & Associates
The issue of limitation with respect to proceedings in relation to arbitration, has continued to avail indispensable significance, given the very object sought to be achieved by the statute is speedy disposal of disputes, ...
AKS Partners
Post completion of the arguments in an arbitration matter, when the arbitral award is passed by the arbitral tribunal, the substantive issues might have been held in your favour.
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