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Corporate Law - Whether incorporating the ‘Arbitration Clause’ in any ‘Contract Agreement’ is commendable? OR, the Independent ‘Agreement of Arbitration’ is better?...
Read MoreCorporate Law - While the Indian Government is going all out to create a positive India outline, however, it is a reality that the World Bank's Ease of Doing Business 2015 report puts India as low as 186 on the criteria of contract enforcement. India strongly believes in the rule of law but an important aspect in doing business is factored out of the eas...
Read MoreCorporate Law - Purpose of Arbitration Act is to provide quick redressal to commercial dispute by private Arbitration. Quick decision of any commercial dispute is necessary for smooth functioning of business and industry. Internationally, it is accepted that normally commercial disputes should be solved through arbitration and not through normal judicial...
Read MoreCorporate Law - With a very laudable objective of speedy disposal of cases, Alternative Dispute Resolution Mechanism (ADR) is mooted. Among the modes of Alternative Dispute Resolution Mechanism, Arbitration is most discussed issue always as many agreements or contracts contain an Arbitration Clause now-a-days. The difference between Arbitration Mechanis...
Read MoreCorporate Law - Unless there is an express bar under law and when there is an arbitration agreement either express or implied, a dispute between or among the parties can be referred to an Arbitrator or panel of Arbitrators as specifically agreed to. As everybody knows, Alternative Dispute Resolution Mechanism is mooted to reduce the burden in traditional...
Read MoreCorporate Law - Comments invited on working paper of high level committee (HLC) to review Institutionalisation of Arbitration Mechanism in India by 7 April 2017...
Read MoreCorporate Law - In order to ensure speedy resolution of commercial disputes and to facilitate effective conduct of international and domestic arbitrations raised under various agreements Government has decided to constitute a High Level Committee (HLC) in the Ministry of Law and Justice...
Read MoreCorporate Law - The Delhi high court has held that the foreign arbitration award in the dispute between US firm Penn Racquet Sports and Indian company Mayor International Ltd was enforceable in this country according to the Arbitration and Conciliation Act. The awar...
Read MoreCorporate Law - The Delhi high court last week declared that the award of the sole arbitrator appointed by the International Court of Arbitration in the dispute between Fittydent International GmBH and Brawn Laboratories was enforceable in India. The award was in favour of the foreign firm, which had a licence agreement with the Indian firm for manufactu...
Read MoreCorporate Law - Dr.M.Veerappa Moily, Minister of Law and Justice will release a paper on Proposed Amendments in Arbitration and Conciliation Act, 1996 here tomorrow. The Arbitration and Conciliation Act, 1996 deals with law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. The objects and ...
Read MoreCol. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) - Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) Consequently, evaluating the facts, the finding that the notices were sent under the camouflage cover of SECL concealing the name of the sole arbitrator on 20.9.1993 and 28.10.1993 would be important. Further, the Cour...
Read MoreSudhir Gopi Vs Indira Gandi National Open Univercity and ANR. (Delhi High Court) - Decision of the arbitral tribunal to pierce the corporate veil is fundamentally flawed. It falls foul of the fundamental policy of Indian law that recognises that a company is an independent juristic person....
Read MoreJhansi-Orai Tollyway Pvt. Ltd. Vs Bank of India (Chhattisgarh High Court) - Oppugning legality, validity and correctness of the order dated 10-2-2014 passed by the trial Court (judicial authority) in Civil Suit No. 207-A/2013 by which that Court in exercise of power conferred under Section 8(1) of the Arbitration and Conciliation Act, 1996 (hereinafter called as the ‘AC A...
Read MoreRahul Somani Vs Ramgopal Somani (Chhattisgarh High Court) - Application for termination of mandate of an Arbitrator under Section 14(1) of the Arbitration and Conciliation Act, 1996, is maintainable before the principal Civil Court of original jurisdiction i.e. the District Judge and not before the High Court....
Read MoreM/s. Shakti International Private Limited Vs M/s. Excel Metal Processors Private Limited (Bombay High Court) - The above Court Receivers Report dated 28th December, 2016 (Report) is filed by the Court Receiver, High Court, Bombay, seeking directions on Whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of o...
Read MoreNotification No. S.O. 5674(E) - (12/11/2018) - In the Fourth Schedule to the Arbitration and Conciliation Act, 1996, under the heading ‘Sum in dispute’, against the entry ‘Above Rs.10,00,00,000 and up to Rs.20,00,00,000’, the model fee is inadvertently mentioned as ‘Rs.12,37,500 plus 0.75 per cent. of the claim amount over and above Rs...
Read MoreNO. 3 OF 2016 - (31/12/2015) - in the case of an arbitration other than international commercial arbitration, the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter...
Read MoreNotification No. S.O. 5674(E) - (12/11/2018) -
Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) -
Sudhir Gopi Vs Indira Gandi National Open Univercity and ANR. (Delhi High Court) -
Jhansi-Orai Tollyway Pvt. Ltd. Vs Bank of India (Chhattisgarh High Court) -
Rahul Somani Vs Ramgopal Somani (Chhattisgarh High Court) -
M/s. Shakti International Private Limited Vs M/s. Excel Metal Processors Private Limited (Bombay High Court) -
