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...
Company Law : The MCA now mandates e-Adjudication for corporate penalties, streamlining notices, filings, and orders. This reform accelerates co...
Corporate Law : The Government invites public feedback on the Draft Arbitration and Conciliation (Amendment) Bill, 2024, aiming to enhance institu...
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 : 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...
Corporate Law : The issue was whether interim protection lapses if a Section 11 petition is filed beyond 90 days. The Supreme Court held that arbi...
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 ...
The petitioner, while thus admitting creation of third party rights, proposes adjudication of its right to recover possession of the subject apartments in the absence of these third parties.
Held that the first Arbitral Tribunal deferred a decision on the two applications until the issue of jurisdiction was decided. The net result is that the applications for discovery and inspection which were crucial to ONGC’s claim that there existed functional, financial and economic unity between DEPL and JDIL remained to be decided before the application under Section 16 was taken up.
Arbitration and specifically Last Best Offer Arbitration, has historically been used to resolve disputes between unions and management and is best known for resolving compensation disputes between Major League Baseball teams and their players, hence the name Baseball Arbitration.
Indian Oil Corpn. Ltd. Vs U.B. Engineering Ltd. (Supreme Court of India) The issue whether the learned Arbitrator could have awarded the interest on the interest of Rs. 2,27,58,137.08 from the date of award till realization and whether the same can be said to be interest on interest is now not res integra in view […]
Mr Bhavanishankar H Sharma Vs SRS Private Investment Powai Limited (Delhi High Court) Section 14 of the Arbitration Act based lays down conditions under which the mandate of the Arbitral Tribunal may be terminated. The petition does not satisfy any of the requirements of the conditions contained in Section 14 of the Arbitration Act. Petitioner […]
As you are aware that discharge of contract by performance refers to fulfilment of the contract by performance of all the obligations in terms of the original contract, discharge by ‘accord and satisfaction’ refers to the contract being discharged by reason of performance of certain substituted obligations. The agreement by which the original obligation is […]
Repeals the earlier law on arbitration contained in the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The 1996 Act seeks to consolidate and amend the law relating : -domestic arbitration, -international commercial arbitration, -enforcement of foreign arbitral awards -and […]
Parsvnath Developers Ltd Vs Future Retail Limited (Delhi High Court) Arbitration Agreement : Sufficiency of stamp duty on agreement & nature of contract cannot be adjudicated by Court U/s 11 Of A&C Act. The dispute as to whether the contract was sufficiently stamped or not, and the averments made by the petitioner with respect to the […]
Maniar Associates LLP Vs Vijay Niwas Co-op. Hsg. Soc. Ltd. & Ors. (Bombay High Court) he fact remains that as respondent no.3 is in possession of the tenement in question and would now be handing over possession of such tenement to the petitioner/society. Hence considering the consistent view taken by this Court in Heritage Lifestyles and […]
Haryana Urban Development Vs Mehta Construction Company (Supreme Court of India) Sub-section (2)(a) to Section 34 of the Act inserted with effect from 23rd October 2015 states that the arbitral award may be set aside by the court if the court finds the award is vitiated by patent illegality appearing on the face of the […]