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 ...
Should Indian parties be given interim protection by courts to arbitrations seated outside India? Section 2(2) of the Indian Arbitration and Conciliation Act, 1996 (the Act) states that provisions of Part I apply ‘where the place of arbitration is in India.’ This created confusion regarding the applicability of Part I of the Act to foreign […]
Case Analysis on Cairn v. India: International Commercial Arbitration with special reference to United Kingdom-India Bilateral Investment Treaty Background On January 20th 2012, the Supreme Court of India gave its verdict in the Vodafone case. The case was regarding tax invasion in regards to capital gains in lieu of sale of shares. The court held […]
An arbitral award may be set aside if the court finds that the award is in conflict with the public policy of India. Without prejudice to the generality of clause 34(ii)(b), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the public policy of India if the […]
This case comes as a result of a ship crash arising in the high seas on the night of 2nd August 1926. The two crashing vessels were SS Lotus a French ship and Bouz-Kourt a Turkish Vessel. As a result of the crash the Turkish vessel broke into two causing the loss of 8 Turkish […]
The standard of fair and equitable treatment has been one of the most controversial clauses of bilateral investment treaties (BITs). This paper investigates the relationship between the minimum standard of treatment and the FET standard as well as when states began referring to the former in their BITs.
Recently in PASL Wind Solutions v. GE Power Conversion India, the question arose as to whether two companies incorporated in India can choose a forum for arbitration outside India.
After a highly publicized conflict between Future Retail Ltd. and Amazon.com Investment Holding LLC, the field of emergency arbitration resurfaced in India. There have only been a few cases in India that have dealt with the enforceability of an emergency arbitrator’s decision.
Gujarat High Court directs Micro and Small Enterprises Facilitation Council to determine if it can act as an Arbitrator after serving as a Conciliator.
Indus Biotech Private Limited Vs Kotak India Venture (Offshore) Fund (Earlier Known As Kotak India Venture Limited) & Ors. (Supreme Court) It is clarified that in any proceeding which is pending before the Adjudicating Authority under Section 7 of IB Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard […]
Arbitration provides an efficient and alternative mechanism for quick dispute resolution. It is one of the important aspects of Alternate Dispute Resolution Process. It is now days one of the most preferred course of dispute resolution process because it involves mediation and conciliation process and encourage parties to solve their disputes out of court and […]
