Mondaq Asia Pacific - India: Litigation, Mediation & Arbitration
Phoenix Legal
In an attempt to vitiate the negative effects of some archaic provisions governing arbitrations in India, the Parliament of India had introduced the Arbitration and Conciliation (Amendment) Act, 2015 (2015 Amendment).
Cyril Amarchand Mangaldas
We have previously dealt with the Supreme Court's decision in the case of BCCI v. Kochi (see here and here) as well as the 2015 Amendments...
Cyril Amarchand Mangaldas
It has become increasingly common for parties to adopt multi-tiered dispute resolution clauses in agreements.
King, Stubb & Kasiva
During the pendency of the case, Hon'ble High Court granted temporary injunction in favour of the Plaintiff.
Argus Partners
Where appropriate, references have also been made to common law principles and precedents to evaluate how the doctrine has evolved in common law jurisdictions other than India.
Khaitan & Co
The Learned Judge has also recommended the composition of the said Commission.
Nishith Desai Associates
With cross-border dispute resolution on the rise, currency variations and exchange rate fluctuations remain a concern in enforcement of foreign awards and decrees.
S.S. Rana & Co. Advocates
The Hon'ble High Court of Delhi in a recent case NBCC (India) Ltd. v Aircon Engineering Services & Ors. has clarified that the period of limitation for filing written statement in a commercial suit starts from ...
LexOrbis
It is well settled general proposition of law that mandatory injunction at the interlocutory stage should not normally be granted which has the effect of granting the final relief.
S.S. Rana & Co. Advocates
The matter in question, i.e. the appeal, is set for its next hearing on December 07, 2019.
S.S. Rana & Co. Advocates
The matters approved by the Court for urgent hearing would be directly called out in the court.
Phoenix Legal
The Bombay High Court (Court), while deciding a preliminary objection to an application filed for enforcement of a foreign award under Section 47, 48 and 49 of the Arbitration and Conciliation Act, 1996...
Khaitan & Co
This is furthered by the absence of specific or exceptional circumstances being prescribed for the exercise of such powers by the magistrate.
IndusLaw
A Single Judge bench of the Delhi High Court on October 23, 2019 held that Indian courts can issue orders to internet intermediaries like Facebook Inc., Google Inc., and Twitter International Company ...
King, Stubb & Kasiva
Arbitration- Not a one-man show?
LexOrbis
There were several suits filed by the Plaintiff (Crocs) against number of Defendants for design infringement of its footwear.
Singhania & Co
Arbitration is becoming a favored dispute resolution process in the infrastructure sector owing to the complexities of construction disputes.
Clarus Law Associates
The Petitioner before the Constitutional Bench, therefore, requested that Justice Arun Mishra ought to recuse himself.
Argus Partners
The seat of arbitration is a significant facet of any arbitration proceeding.
AZB & Partners
On September 11, 2019, the Delhi High Court passed a judgment stating that enterprises penalized by CCI which have the benefit of a stay order by the appellate court are also liable to pay interest
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Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
AZB & Partners
On August 9, 2019, the President of India gave his assent to the amendments to the Arbitration and Conciliation Act
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
VGC Law Firm
The same have been briefly discussed in the present article.
M Mulla Associates
In practice, more often than not, in a dispute over title of a land/property, it is seen that the parties assert their title by placing reliance upon their name being reflected in the revenue records.
Khaitan & Co
In Gurudwara Sahib, the plaintiff, inter alia, sought a declaration that he had acquired title of the suit property by way of adverse possession.
M Mulla Associates
Recently, the Supreme Court of India in its judgment dated 6th February, 2019 in the matter Bir Singh v. Mukesh Kumar [Criminal Appeal Nos. 230-231 of 2019 in SLP (Criminal) Nos. 9334-35 of 2018] ...
Singh & Associates
In addition, the article also discusses the contours of applicability of the aforesaid sections.
Vaish Associates Advocates
The principles relating to Perjury, False Claim & False Prosecution in a judicial proceeding and its consequences under Section 209 of the Indian Penal Code & Section 340 of the Criminal Procedure Code ...
Singh & Associates
Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, ...
Vaish Associates Advocates
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction includes any dispute between the Centre and State(s) or between States as well as matters concerning enforcement of fundamental rights of individuals.
Vaish Associates Advocates
Some of the prominent confusions that have been prevailing within the Bar and the Bench pertain to the applicability of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227...
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