Corporate Law : The 2024 Draft Arbitration Bill proposes major amendments to streamline arbitration in India. Learn about its key provisions, impa...
Corporate Law : Learn about India's Arbitration and Conciliation Act, 1996, its objectives, arbitrability, doctrine of Kompetenz-Kompetenz, and se...
Corporate Law : Explore the challenges of asymmetric arbitrator appointment clauses in arbitration, their legal implications in India, internation...
Corporate Law : Explore the issues surrounding PSU arbitrator appointments in India and the need for reform to ensure fairness and impartiality in...
Corporate Law : Learn about the impact of arbitration clauses in India's credit card agreements and how they affect consumer rights, dispute resol...
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 : Bombay High Court held that serving signed copy of arbitral award to employee of the partnership firm is not proper service of sig...
Corporate Law : Supreme Court held that petition under section 11(6) of the Arbitration and Conciliation Act, 1996 is not maintainable since dispu...
Company Law : The application made by the Financial Creditor is complete in all respects as required by law. Therefore, the debt and default sta...
Corporate Law : Supreme Court held that fresh application under section 11(6) of the Arbitration and Conciliation Act, 1996 is not maintainable in...
Corporate Law : Supreme Court held that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996 is limited to ascertai...
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 ...
Noy Vallesina Engineering SpA Vs Jindal Drugs Limited & ors. (Supreme Court) 1. The appellant, which was granted special leave, challenges a judgment of the Bombay High Court1. It urges that the impugned judgment is erroneous because it concludes that proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) can […]
(1) This Ordinance may be called the Arbitration and Conciliation (Amendment) Ordinance, 2020. (2) Save as otherwise provided in this Ordinance, it shall come into force at once.
The decision of Arbitral Tribunal is termed as ‘Arbitral Award’ under the Arbitration and Conciliation Act, 1996 ( Arbitration Act). Pursuant to Section 28(2) of the Arbitration Act, the Arbitral Tribunal shall decide ex aequo et bono [in justice and in good faith] or as amicable compositeur only if the parties expressly authorised it to […]
A dispute arises as soon as a person is born and this carries out throughout his life. A small child has a dispute with his parent with regards to his choice of food he eats, games he plays. Dispute can arise between parties where they have common interest in a thing but they have different of opinion on the method of fulfilling that interest.
With the passage of time, the populace of the country is on hike and so are their opinions. Their opinion forms the basis for their interpretation, it may be a good or a bad interpretation. What would happen in the situation where people starting interpreting the laws? We might be flooded with several interpretations. The […]
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 […]
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 […]
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 Section 35A of the Banking […]
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 Arbitral Award under the Arbitration […]
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.
