Mondaq India: Litigation, Mediation & Arbitration
Nishith Desai Associates
Do you have an arbitral award in your favour which you have been unable to enforce? Well you may now. On October 23, 2015, amendments were made to the Arbitration & Conciliation Act, 1996.
Clyde & Co
In 2015 the Indian Government made significant changes to the Arbitration and Conciliation Act 1996 as part of its programme to bring its arbitration laws in line with modern practice...
Nishith Desai Associates
Supreme Court allows foreign lawyers to give legal advice on foreign law involving diverse international legal issues on "casual" visits to India ...
Nishith Desai Associates
Arbitration Analysis: The Indian Supreme Court in Sundaram Finance Ltd v Abdul Samad and Anor (Civil Appeal No 1650 of 2018, 15 February 2018), has put an end to the decade long debate ...
Khaitan & Co
Independence and impartiality are the cornerstones of Arbitration. It is true that if you have an arbitrator whose reputation is impeccable and is known for his independence and impartiality...
Shardul Amarchand Mangaldas & Co
The Supreme Court, in Board of Control for Cricket in India v. Kochi Cricket Private Limited, has put to rest the controversy surrounding the construction and interpretation of Section 26...
Khaitan & Co
The Arbitration & Conciliation Act, 1996 (Arbitration Act) was amended by way of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act) with effect from 23 October 2015.
Nishith Desai Associates
The Union Cabinet recently cleared bills proposing to amend the arbitration law and the jurisdiction of commercial courts in India.
Shardul Amarchand Mangaldas & Co
The Arbitration and Conciliation (Amendment) Bill, 2018 to further amend the Arbitration and Conciliation Act, 1996 was approved on 7 March 2018 by Cabinet of Ministers for introduction...
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.
Tuli & Co
The ACI will be a body corporate and its Chairperson will be an individual who has been a Judge of the Supreme Court or Chief Justice or Judge of any High Court or any other eminent person.
Luthra & Luthra Law Offices
A preliminary hearing in a criminal trial is one of great importance, and the right to seek a discharge (threshold dismissal) is an extremely valuable right that the Criminal Justice System guarantees to the Accused.
S.S. Rana & Co. Advocates
The matter was first presented before the Copyright Board by the Appellant, wherein the Respondent submitted that there was no assignment in terms of Section 19 of the Copyright Act, 1957.
Khaitan & Co
The High Court has inter alia held that Section 34(5) and Section 34(6) of the amended Arbitration Act shall not be applicable to petitions arising from arbitral proceedings commenced before the enforcement of the Amendment Act...
Khaitan & Co
A Division Bench of the Hon'ble Supreme Court of India (Supreme Court), on 7 February 2018, in the matter of Kandla Export Corporation and Another vs. OCI Corporation and Another, held that Section 13 ...
Khaitan & Co
The Hon'ble Supreme Court, while deliberating upon the significance of videography as a crucial means of evidence in conjunction with the scope of applicability of procedural requirements under Section 65B(4)...
Khaitan & Co
A Division bench of the Supreme Court of India (Court) consisting of the Hon'ble Justices R F Nariman and Navin Sinha recently held that a ruling on limitation by an arbitrator would be an interim award ...
Shardul Amarchand Mangaldas & Co
In disputes between Sundaram Finance Limited ("Appellant") and Abdul Samad in relation to default in repayment of a loan, an ex-parte arbitration award was made on 22 October 2011 in favour of the Appellant ("Award").
Khaitan & Co
By a judgment delivered on 15 February 2018 in Sundaram Finance v Abdul Samad & Anr, a two Judge bench of the Hon'ble Supreme Court of India has clarified the anomaly with regard to the appropriate jurisdiction for enforcement of an arbitral award.
Singh & Associates
The Appellant issued a tender enquiry to 19 parties, including the Respondent, for supply of Defoamers.
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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.
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.
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 :
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.
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.
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.
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...
Dhaval Vussonji & Associates
Under Indian Laws especially under Civil Procedure Code, 1908 ("CPC") there are questions which may not have a definite answer.
Infini Juridique
The Government of India has recently notified "The Arbitration and Conciliation (Amendment) Ordinance, 2015". The notification was issued on October 23, 2015 and came into effect from the same date.
Luthra & Luthra Law Offices
A preliminary hearing in a criminal trial is one of great importance, and the right to seek a discharge (threshold dismissal) is an extremely valuable right that the Criminal Justice System guarantees to the Accused.
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