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 ...
Arbitration and Conciliation (Amendment) Act, 2021 and the Jurisprudence of arbitrability of Fraud/Corruption: Hurdle or Help to the Existing Arbitration and Conciliation Act 1996?
Punjab State Civil Supplies Corporation Limited (Punsup) & Anr. Vs Ganpati Rice Mills & Anr. (Supreme Court of India) The issue in the present appeal is limited to rate of interest. The Arbitrator had granted interest at the rate of 18% per annum from 01.01.2003 till the date of realization. On consideration of the objections […]
ACIT Vs Ramona Pinto (ITAT Mumbai) As regards the merits of the case, we find that the assessee has received an arbitration award for Rs.28 crores, upon relinquishment of her rights in the partnership of M/s. P. N. Writer & Co. Here it may be gainful to recount the brief history of the case which […]
As the supreme law of the country that is the Constitution based on the welfare state concept, it becomes its prime duty to secure access to justice to its citizens that can be ensured by timely and speedy justice through both judicial as well as non-judicial forums of dispute resolution. In recent years the Alternative […]
Gemini Bay Transcription Pvt. Ltd. Vs Integrated Sales Service Ltd. and Anr. (Supreme Court) Reading of Section 44 of the Arbitration and Conciliation Act, 1996 would show that there are six ingredients to an award being a foreign award under the said Section. First, it must be an arbitral award on differences between persons arising […]
This study is focused on the effectiveness and practical implication of the arbitration between the two and also get better knowledge about the arbitration in Singapore and what are the things which India is lacking. This comparative study will give help to understand more clearly the difference.
Sub-section 3 of Section 18 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides that where the conciliation fails under the provisions of the Act, the Micro & Small Enterprises Facilitation Council (MSEFC) shall either itself take up the dispute for arbitration or refer it to any institution or centre providing alternate dispute resolution services for such arbitration.
Recent Judgement under Arbitration law in June 2021 1. Non-signatory being directly involved in the contract can be compelled to arbitrate: Delhi HC. Shapoorji Pallonji and Co. Pvt. Ltd. vs. Rattan India Power Ltd. and Ors. The petitioner and respondent had entered into four contracts, wherein disputes arose and issue of controversy being whether prima […]
In the past, even before courts were established, people used to settle their problems with the help of a third party if they had a dispute. Courts are then established, and adequate dispute resolution procedures are in place. Eventually, the population increased, and many cases were pending in court, and cases increased, and after days […]
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.
