Corporate Law : The Supreme Court ruled that Section 34(5) is a procedural requirement and not a mandatory precondition for challenging an arbitra...
Corporate Law : A Constitution Bench held that courts can modify arbitral awards in limited situations such as correcting manifest errors and seve...
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 : 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 : The Supreme Court held that applications to extend an arbitral tribunals mandate under Section 29A must be filed before the Court ...
Corporate Law : The Karnataka High Court held that the arbitral award suffered from patent illegality because the Tribunal ignored invoices showin...
Corporate Law : The Supreme Court ruled that Section 4 of the Limitation Act cannot be invoked where the prescribed limitation period expires befo...
Company Law : The NCLT held that the mere existence of an arbitration clause in a Shareholders' Agreement does not automatically require dispute...
Corporate Law : The Orissa High Court held that dismissal of a Section 34 petition on maintainability grounds effectively amounts to refusal to se...
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 ...
Concrete Additives and Chemicals Pvt. Ltd. Vs S N Engineering Services Pvt. Ltd. (Bombay High Court) Mr. Menon’s contention that the tax invoices have been accepted by the respondent and therefore it is required to be presumed that there is an arbitration agreement between the parties also cannot be accepted. The acceptance of the tax […]
CTI Future Corporation Vs Ducgiang Chemical And Detergent Powder Joint Stock Company (Karnataka High Court) The arbitral award being an international commercial arbitral award is not in dispute, the award being rendered in Singapore is not in dispute, the enforceability of the said award in India is not in dispute in view of the notification […]
The tort of unlawful interference with economic rights is one of those fewer known torts which has evolved over the years, it can be defined as the unlawful interference of a person in the contract between two parties which may involve inducing one of the parties to breach the contract or interfering with their contracting rights unlawfully.
Sacheerome Advanced Technologies (SAT) Vs NEC Technologies Pvt. Ltd. (NECI) (Delhi High Court) In the present case, the petitioner did not make any application challenging the appointment of learned Arbitrator under Section 13 of the Arbitration and Conciliation Act, 1996 (A&C Act); it filed an application styled as under Section 16 read with Section 14(1)(a) […]
Mediation is an alternate dispute resolution mechanism that involves a third party or collective individuals, acting as a third party that helps in arriving at a mutually agreed settlement. This mode of ADR mechanism has its roots embedded since time immemorial in the history of humankind.
Arbitrators are creatures of an agreement, it is for the parties to confer upon them such power and prescribe such procedure for them to follow, as they deem fit, so long as they are not bad in law (the proviso to section 41 and section 3 of the Arbitration & Conciliation Act, 1996( hereinafter referred […]
The Arbitration agreement with signatures of only one party to the agreement are not ‘instruments’ to attract the provisions of Stamp Act of that place where it is signed by one party.
In the instant case, MSME Council had passed an impugned order directing the appellant to make payment to the respondent without giving sufficient opportunity to the appellant to participate in the arbitration proceeding. If the appellant had not submitted its reply at the conciliation stage, or failed to appear, Council could, at best, have recorded failure of conciliation and proceeded to initiate arbitration proceedings to adjudicate the dispute and make an award.
Pigments & Allieds Vs Carboline (India) Pvt. Ltd. (Bombay High Court) In the present case, on a fair reading of provisions of the Maharashtra Stamp Act, as applicable in Maharashtra, it is evident under definition 2(d) that the agreement in question was required to be stamped when it was first executed. The agreement was first […]
Vivek Mehta Vs KaRRs Designs & Developments (Bombay High Court) In the present case, the MOU is executed on stamp paper of Rs.100/-. Thus, there is no question of the document being “unstamped”. It is at best insufficiently stamped and if a document is insufficiently stamped, then we have to consider the effect of the […]
