Mondaq India: Litigation, Mediation & Arbitration
Nishith Desai Associates
The Delhi High Court (DHC), in its decision on 28 April 2017 allowed the enforcement of an LCIA arbitral award obtained by Docomo against Tata (Award), for a total sum of US$1.7bn in damages.
Khaitan & Co
An arbitration agreement that merely provides for a venue and applicable law not being India would not satisfy the intent of the proviso.
Singh & Associates
The parties cannot appeal against an arbitral award as to its merits and the court cannot interfere on its merits.
Singh & Associates
The prominent role of national courts in international arbitration has been recognized in almost every country, as because arbitrations are regulated pursuant to national laws and, accordingly...
Singh & Associates
Appointment of Emergency Arbitrator: It is the procedure by which parties seeking for an urgent interim relief may appoint an arbitrator even before the constitution of the tribunal.
Juris Corp
The Supreme Court, after hearing at the parties at length, concluded that the Divisional Bench committed a manifest error in issuing directions in the concluding part of its judgment.
Singh & Associates
There has been much controversy around the jurisdiction of the Courts in absence of a specific jurisdiction clause but a specific "seat" of Arbitration.
Vaish Associates Advocates
Recently courts have started a new trend acknowledging the utility of services like WhatsApp for service of court notice. The Hon'ble Mr. J. G.S. PATEL, of Bombay High Court in the case...
Singh & Associates
The Arbitration and Conciliation (Amendment) Act, 2015 was notified on 1st January 2016 and is deemed to have come into force on 23rd October 2015.
Vaish Associates Advocates
The Benami Transactions (Prohibition) Act, 1988 was amended by the Benami Transaction (Prohibition) Amendment Act, 2016, whereby substantial provisions were added to the existing Act...
Khaitan & Co
The Court held that there was nothing in the Consent Terms which was contrary to any provision of Indian law.
Nishith Desai Associates
Designating the seat in an arbitration agreement would confer Courts of the seat with exclusive jurisdiction over and in relation to the arbitral proceedings
Khaitan & Co
Aggrieved by the impugned order, the appellant challenged it before the Division Bench of the Delhi High Court.
ARA LAW
Supreme Court recently in the case of I-Max Vs E-City has removed the judicial anomaly in relation to enforcement of foreign arbitral awards in India.
Vaish Associates Advocates
Under the Indian laws, any power of attorney executed outside India needs authentication, as it is a requirement that a power of attorney has to be executed in the presence of certain designated officers.
Khaitan & Co
The Respondent was supplying goods to the Appellant at Chennai via New Delhi.
S.S. Rana & Co. Advocates
This initiative is motivated towards reducing the pendency of ongoing litigation in India and to reduce the burden on the Indian judiciary in order to facilitate speedy justice.
Khaitan & Co
On 11 April 2017, the Hon'ble High Court of Delhi (High Court), pronounced its judgment in a case where the enforcement of a foreign arbitral award was opposed inter alia on the ground that the enforcement of the said award would be contrary to the public policy of India ...
S.S. Rana & Co. Advocates
The Apex Court has taken suo motu cognizance of certain common inadequacies and deficiencies in the course of trial adopted by the trial court while disposing of criminal cases.
McCarthy Tétrault LLP
Both the size of the award and the court's willingness to enforce it in India against an Indian corporation make this an important decision.
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Singh & Associates
Appointment of Emergency Arbitrator: It is the procedure by which parties seeking for an urgent interim relief may appoint an arbitrator even before the constitution of the tribunal.
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
IndusLaw
The route to the Amendment Act has been a rather arduous.
IndusLaw
India's finance bill for the financial year 2016-2017 (the "Bill") was presented by the Finance Minister on February 1, 2017 and approved by the Lok Sabha with certain modifications on March 22, 2017.
LexCounsel Law Offices
With the above observations, the Bench admitted the insolvency application.
Singhania & Partners LLP, Solicitors and Advocates
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements.
S.S. Rana & Co. Advocates
On March 01, 2017, the Full Bench of the Honorable Bombay High Court in the case of CiplaLimited vs. M/s Cipla Industries Pvt. Ltd., passed a dictum on the inter play between Sections 29(4) and (5)...
Singh & Associates
Per incuriam, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.
Luthra & Luthra Law Offices
The recent order by the Hon'ble Supreme Court in Amit Sibal v. Arvind Kejriwal , has again brought to the forefront, the short but extremely important question as to :
Khaitan & Co
The Court held that there was nothing in the Consent Terms which was contrary to any provision of Indian law.
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