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Corporate Law - Section 34 of the Arbitration and Conciliation Act, 1996 (Act) provides for setting aside of an arbitral award by making an application to the Court, on the grounds stated therein. It would not be wrong to say that section 34 of the Act has evolved since 1996 to what we read today. This evolution can […]...
Read MoreCorporate Law - The arbitrability of disputes for which statutory remedy is provided for becomes a difficult question to answer. Arbitrability refer to whether a dispute could be subjected to arbitration or not.[1] Section 242 and 243 of the Companies Act, 1956 are analogous to sections 397, 398 and 402 of the Companies Act, 1956 which deals with [&helli...
Read MoreCorporate Law - In case titled ‘Sundaram Finance v Abdul Samad & Anr. (Civil Appeal No 1650 of 2018)‘ decided on 15.02.2018, the Hon’ble Supreme Court of India has clarified the anomaly with regard to the appropriate jurisdiction for enforcement of an arbitral award. The Hon’ble Supreme Court has held that enforcement of an Arbit...
Read MoreCorporate Law - The term Artificial Intelligence itself explains that technology having human capabilities of performing tasks that require human intelligence. This topic is intuitively interesting that one day our disorderly, frenzied human disputes will be determined by the calm, all-knowing logic of a fair and neutral electronic decision maker. While ...
Read MoreCorporate Law - The Respondent initiated arbitration proceedings for the outstanding fees and the Plaintiff had failed to pay such charges. As the proceedings are substantially for recovery of money, it leads to a commercial relationship between the parties under Section 45 of the Act;...
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 MoreIndus Biotech Private Limited Vs Kotak India Venture Fund-I (National Company Law Tribunal) - Indus Biotech Private Limited Vs Kotak India Venture Fund-I (National Company Law Tribunal) FACTUAL BACKGROUND In the present case, the Indus Biotech Pvt. Ltd. (Corporate Debtor) has filed a Interlocutory application under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act, 199...
Read MoreTecnimont Private Limited & Anr. Vs ONGC Petro Additions Limited (Delhi High Court) - A petition under Section 34 of the Act is only for setting aside an Arbitral Award on the limited grounds provided under Section 34 of the Act. Therefore, the mere pendency of Section 34 proceedings cannot afford a ground for a party to assert that it has a dispute regarding contractual perfor...
Read MoreGammon India Ltd. & Anr. Vs National Highways Authority of India (Delhi High Court) - The Court concluded that the findings of a Subsequent Award would not render the previous Award illegal or contrary to law. To find the validity of the Award, the Award had to be tested as on the date when it was pronounced, on its own merits....
Read MoreIn re Cognizance for Extension of Limitation (Supreme Court) - In re Cognizance for Extension of Limitation (Supreme Court) With reference to the prayer, that the period of validity of a cheque be extended, we find that the said period has not been prescribed by any Statute but it is a period prescribed by the Reserve Bank of India under Sec...
Read MorePatel Engineering Ltd. Vs North Eastern Electric Power Corporation Ltd. (“NEEPCO”) (Supreme Court) - An arbitral tribunal must decide in accordance with the terms of the contract, but if an arbitrator construes a term of the contract in a reasonable manner, it will not mean that the award can be set aside on this ground. Construction of the terms of a contract is primarily for an arbitrator to deci...
Read MoreNotification No. S.O. 3154(E) - (30/08/2019) - Central Government hereby appoints the 30th August, 2019 as the date on which the provisions of the section 1, section 4 to section 9 [both inclusive], section 11 to section 13 [both inclusive] and section 15 of Arbitration and Conciliation (Amendment) Act, 2019. MINISTRY OF LAW AND JUSTICE (Depar...
Read MoreNotification No. 33 of 2019 - (09/08/2019) - (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2019. (2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different p...
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...
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Indus Biotech Private Limited Vs Kotak India Venture Fund-I (National Company Law Tribunal) -
Tecnimont Private Limited & Anr. Vs ONGC Petro Additions Limited (Delhi High Court) -
Gammon India Ltd. & Anr. Vs National Highways Authority of India (Delhi High Court) -
In re Cognizance for Extension of Limitation (Supreme Court) -
Patel Engineering Ltd. Vs North Eastern Electric Power Corporation Ltd. (“NEEPCO”) (Supreme Court) -
Afcons Infrastructure Limited Vs Konkan Railway Corporation Limited (Bombay High Court) -
Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Ltd. (Supreme Court of India) -
