Mondaq India: Litigation, Mediation & Arbitration
Khurana and Khurana
There is always a concern while filing a suit as to whether all the parties concerned have been taken into account or not.
Nishith Desai Associates
A small but very significant change made by the government is in the appointment of judges to commercial courts.
Shardul Amarchand Mangaldas & Co
India and Japan are among the largest Asian economies. They are, in many respects, natural trading partners. Indeed, in 2011, the two countries signed the India-Japan Comprehensive Economic Partnership Agreement (‘CEPA'), which is a free trade agreement aiming to promote and protect cross-border trade and investment between the two countries.
Khaitan & Co
Law is meant to adapt to changing society.
Khaitan & Co
The Delhi High Court (Court) pronounced its judgment in Union of India v. Vodafone Group PLC United Kingdom & Anr. dismissing Union of India's (Plaintiff) prayer.
Nishith Desai Associates
With the expanding dimensions of arbitration in India, Indian courts have maintained their stance in referring parties to arbitration, besides ensuring minimal interference in the same.
Singhania & Partners LLP, Solicitors and Advocates
The importance of transnational commercial arbitration has been recognized the world over. The aim is to achieve the sole objective of resolving the dispute timely ...
Nishith Desai Associates
In turn, the Union government filed a civil suit before the Delhi High Court seeking an anti-arbitration injunction against Vodafone from initiating arbitration proceedings under the India-UK...
S.S. Rana & Co. Advocates
Pursuant to Supreme Court's Order dated January 09, 2018, in Suo Moto Writ Petition in Re: Case Management of Original Suits, wherein the bench, constituted by Justices Ranjan Gogoi and R Banumathi, ...
S.S. Rana & Co. Advocates
With a view to ensure faster resolution of matters relating to commercial disputes, the Parliament had enacted the Commercial Courts, Commercial Division and Commercial Appellate Division...
Tuli & Co
A full bench of the Supreme Court of India in Cheran Properties Limited v. Kasturi and Sons Limited & Ors.[1] has held that an award can be enforced even against a non-signatory to the arbitration proceedings.
M Mulla Associates
The Supreme Court in Alka Chandewar v. Shamshul Ishrar Khan held, that if any party fails to comply with the orders of the Arbitral Tribunal under section 17 of the Arbitration & Conciliation Act, 1996 ...
Singh & Associates
In agreements executed between parties to the contract, generally there exists an arbitration clause and when the subject matter touches the doorsteps of the Court/Tribunal for adjudication...
Singh & Associates
S482, under the 37th Chapter of the Code – titled ‘Miscellaneous' deals with Inherent powers of the Court.
Vaish Associates Advocates
The Supreme Court in case of Board of Control for Cricket in India v. Kochi Cricket Private Limited (decided on March 15, 2018) held that the Arbitration and Conciliation (Amendment) Act, 2015 ...
Singh & Associates
This raised the question - whether parties would be able to take advantage of the amended provisions even though the arbitration had commenced under the old regime.
M Mulla Associates
The 2015 amendments to the Arbitration and Conciliation Act, 1996 were aimed at encouraging dispute resolution through arbitration and promoting arbitration as a quick and effective alternative...
Dhir & Dhir Associates
On 9th March, 2018, Supreme Court of India, in the matter Kerala State Electricity Board and Anr. Vs. Kurien E. Kathilal and Anr. (MANU/SC/0231/2018) ...
Khaitan & Co
This is because, the whole purpose of a central enactment is that it uniformly applies to the entire country, and this principle of uniformity has been safeguarded by Kusum Ingots.
Jones Day
The Government of India has announced possible amendments to the Indian Arbitration and Conciliation Act 1996.
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Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Shardul Amarchand Mangaldas & Co
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
Vaish Associates Advocates
The normal law relating to the Burden of Proof and its onus is given under the provisions of the Indian Evidence Act, 1872.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
Singhania & Partners LLP, Solicitors and Advocates
The journey towards India becoming a desirable hub for International commercial arbitration has been and continues to be a long and arduous done.
Vivek Nasa & Associates
Transfer of cases relating to Matrimonial Disputes from a court situated in a particular state to a court situated in another state, can only be done by the way of Transfer Petition...
Trilegal
On 24 August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution.
Aquilaw
Captive Generating plant means a power plant set up by any person, association or any company to generate electricity primarily for his or her own use and includes a power plant set up by any co-operative society...
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