Corporate Law : Explore the necessity of expanding access to international arbitration, its benefits, challenges, and implications for global disp...
Corporate Law : Exploring Game Theory in International Arbitration & Third-Party Funding: A Strategic Analysis. Delve into the nuances of funding ...
Corporate Law : Learn about mediation settlement agreements, their importance, components, advantages, and drawbacks. Understand their enforceabil...
Corporate Law : Explore the intricacies of time limits in arbitration under the Arbitration and Conciliation Act, 1996. Understand the impact of t...
Corporate Law : Exploring the role of Public International Law in development of Investment Treaty Arbitration Rules. Learn how PIL influences the...
Finance : The Expert Committee has submitted its report on drafting institutional arbitral rules for the International Arbitration Centre at...
Corporate Law : Sub-section 3 of Section 18 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides that where the conci...
Corporate Law : Comments invited on working paper of high level committee (HLC) to review Institutionalisation of Arbitration Mechanism in India b...
Corporate Law : In order to ensure speedy resolution of commercial disputes and to facilitate effective conduct of international and domestic arbi...
Corporate Law : The Delhi high court has held that the foreign arbitration award in the dispute between US firm Penn Racquet Sports and Indian com...
Corporate Law : Telangana High Court mandates reasoned decisions in disputes over due amounts under the Arbitration Act. Analysis of PBSAMP Projec...
Corporate Law : Delhi High Court's judgment clarifies that IBC proceedings don't preclude court jurisdiction for Section 11 applications under the...
Corporate Law : Delhi HC mandates Central Registrar to appoint an arbitrator under Section 84 of the Multi-State Cooperative Societies Act in a di...
Corporate Law : Delhi High Court validates arbitration clause in hyperlinked terms and conditions, emphasizing their enforceability in online agre...
Corporate Law : The court examined the legal provisions and previous judgments, emphasizing the disqualification of an arbitrator with an interest...
Corporate Law : Delhi High Court mandates email and mobile service for arbitration petitions under Section 11(6) of the Arbitration Act, effective...
SEBI : SEBI issues guidance to GAIL (India) Limited on disclosing arbitral proceedings details as per LODR Regulations, ensuring complian...
Corporate Law : 1) These regulations may be called the India International Arbitration Centre (Conduct of Arbitration) Regulations, 2023. (2) T...
Corporate Law : New Delhi International Arbitration Centre (Amendment) Bill, 2022 is Introduced in Lok Sabha to to change the name of the Centre f...
Corporate Law : (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2021. (2) Save as otherwise provided in this Act, it ...
When the settlement with regard to a dispute between the parties was not arrived at under Section 18 of MSMED Act, 2006, necessarily, the Micro and Small Enterprises Facilitation Council should take up the dispute for arbitration under Section 18(3) of the 2006 Act or it might refer to institution or Centre to provide alternate dispute resolution services and provisions of Arbitration and Conciliation Act 1996 were made applicable as if there was an agreement between the parties under sub-section (1) of Section 7 of the 1996 Act. Therefore, Limitation Act, 1963 was applicable to the arbitration proceedings under Section 18(3) of the 2006 Act.
Should Indian parties be given interim protection by courts to arbitrations seated outside India? Section 2(2) of the Indian Arbitration and Conciliation Act, 1996 (the Act) states that provisions of Part I apply ‘where the place of arbitration is in India.’ This created confusion regarding the applicability of Part I of the Act to foreign […]
Case Analysis on Cairn v. India: International Commercial Arbitration with special reference to United Kingdom-India Bilateral Investment Treaty Background On January 20th 2012, the Supreme Court of India gave its verdict in the Vodafone case. The case was regarding tax invasion in regards to capital gains in lieu of sale of shares. The court held […]
An arbitral award may be set aside if the court finds that the award is in conflict with the public policy of India. Without prejudice to the generality of clause 34(ii)(b), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the […]
This case comes as a result of a ship crash arising in the high seas on the night of 2nd August 1926. The two crashing vessels were SS Lotus a French ship and Bouz-Kourt a Turkish Vessel. As a result of the crash the Turkish vessel broke into two causing the loss of 8 Turkish […]
The standard of fair and equitable treatment has been one of the most controversial clauses of bilateral investment treaties (BITs). This paper investigates the relationship between the minimum standard of treatment and the FET standard as well as when states began referring to the former in their BITs.
Recently in PASL Wind Solutions v. GE Power Conversion India, the question arose as to whether two companies incorporated in India can choose a forum for arbitration outside India.
After a highly publicized conflict between Future Retail Ltd. and Amazon.com Investment Holding LLC, the field of emergency arbitration resurfaced in India. There have only been a few cases in India that have dealt with the enforceability of an emergency arbitrator’s decision.
Gujarat High Court directs Micro and Small Enterprises Facilitation Council to determine if it can act as an Arbitrator after serving as a Conciliator.
Indus Biotech Private Limited Vs Kotak India Venture (Offshore) Fund (Earlier Known As Kotak India Venture Limited) & Ors. (Supreme Court) It is clarified that in any proceeding which is pending before the Adjudicating Authority under Section 7 of IB Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard […]
