Corporate Law : Indian law permits enforcement of foreign arbitral awards unless specific exceptions apply. Courts now favour enforcement with min...
Corporate Law : The ruling clarifies that limitation for appointing an arbitrator starts only when negotiations fail and arbitration is clearly in...
Corporate Law : Gayatri Balasamy Vs ISG Novasoft Technologies Limited (Supreme Court of India) – Citation- 2025 INSC 605 Overview of the Fa...
Corporate Law : Explores how arbitration is often perceived as confidential, but legal and public interest obligations frequently limit this priva...
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Finance : The Expert Committee has submitted its report on drafting institutional arbitral rules for the International Arbitration Centre at...
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Corporate Law : Despite arguable points raised, the Supreme Court declined interference since arbitration had commenced before a senior arbitrator...
Corporate Law : The Court held that designation of New Delhi as the arbitration venue amounts to the juridical seat, conferring supervisory jurisd...
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Corporate Law : The issue was whether the High Court could interfere with an arbitral award upheld under Section 34. The Supreme Court held that S...
Corporate Law : Rejecting objections on non-existence of the arbitration clause, the court applied the doctrine of separability. Arbitration was h...
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 ...
Court held that a party cannot directly seek the appointment of the arbitrator when the agreement provides for pre-arbitration reference to some authority.
The Arbitral Tribunal had thus, articulated the terms of appointment unequivocally and unambiguously. It had made it clear to the parties that its appointment and the proceedings before them would not be governed by ICADR Rules. Accordingly, arbitral tribunal is not bound by ICADR rules for fixation of the fees
It was clear, therefore, that till such time the purchase order was issued pursuant to such acceptance of the offer made by the Petitioner, there was no completed ‘contract’. Consequently, Clause-6.34.1 would not get attracted.
As you are aware that Arbitration is one of the best Alternate Disputes Resolution process, which saves time, money and energy of the parties. The Transfer of Property Act, 1882 no where prohibits deciding of cases through arbitration.
HC held that no stamp duty is liable to be paid on an award for compensation made under Section 3(G) National Highway Act, 1956 (NHA).
An arbitration agreement is separable from the main agreement. It is only in cases where the allegation of forgery or fraud are in respect to the existence of arbitration agreement itself, the disputes would not be arbitrable.
It is not necessary that all contracts yield a profit; some result in a loss as well. This is not a factor to permit a party to avoid its contractual obligations.
The respondent’s case that it was entitled to forfeit the sum of ₹60,00,000/- paid by the petitioner rested solely on the ground that it was earnest money and therefore, it could be forfeited in terms of the Agreement.
C. Srimannarayana Vs Hindustan Petroleum Corporation Limited, SECBAD and Another (Telangana High Court) Facts- The petitioner was appointed as a dealer by respondent no. 1 for operating a retail outlet. As per the contract terms, the respondent had an absolute right to terminate the contract on the happening of certain events. On 05.07.2000, the respondent […]
HC observed that the debt which the ‘Corporate Debtor’ owes for payment in future, if not taken into consideration in the ‘Resolution Plan’ does not extinguish automatically and the creditors, including the ‘Financial Creditor’ or ‘Operational Creditor’ or ‘Secured Creditor’ or ‘Unsecured Creditor’ has rights to claim the same.
