Mondaq All Regions - India: Litigation, Mediation & Arbitration
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.
Khaitan & Co
The endeavour in the present article is to analyse and understand the Indian law concerning international arbitrations.
Singh & Associates
Vide the amendment of the Arbitration and Conciliation Act in 2015 following the 246th Law Commission Report, many provisions of the Act were amended suitably to smoothen...
The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain a vexed issue.
In yet another investor friendly move, the Delhi High Court in the case of Cruz City 1 Mauritius Holdings v. Unitech Limited, upheld the enforcement of foreign arbitral award in India ...
Vaish Associates Advocates
The distinction between "basic facts" which are essential factual constituents of the "grounds" and their further particulars or subsidiary details is important.
Vaish Associates Advocates
The Supreme Court of India in AIR 1974 SC 183 : Prabhu Dayal Deorah vs. District Magistrate, Kamrup, has held that the detenu has a right under Article 22(5) of the Constitution to be afforded...
Nishith Desai Associates
Once a court has set aside the arbitral award, it cannot relegate the parties back to arbitral tribunal.
Phoenix Legal
One of the most significant legal changes made by the Indian legislature in recent years has been the introduction of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act).
Shardul Amarchand Mangaldas & Co
Indian public sector undertaking (PSUs) account for a large part of India's GDP. Naturally, therefore, PSUs are parties to many Indian disputes (whether in courts or arbitration).
PSA Legal Counsellors
This newsletter summarizes the key points discussed in the judgment that could impact contracts between an Indian and a non-resident party.
Lakshmikumaran & Sridharan Attorneys
1.Enforcing an arbitral award given by London Court of Arbitration ("LCIA"), the Delhi High Court on 20th April, 2017 settled the Tata-Docomo dispute by its judgment in NTT Docomo Inc. v. Tata Sons Ltd...
Luthra & Luthra Law Offices
In the space of a month, the Delhi High Court has delivered two judgements that significantly impact the interplay between enforcement of foreign arbitral awards in India and the foreign exchange regime
Dhaval Vussonji & Associates
Largely, under the provisions of Civil Procedure Code, 1908 any party is permitted to amend its pleadings in order to bring out the true and correct facts necessary for determining...
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.
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.
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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Alpha Partners
This paper attempts to delineate various aspects of Section 138 of the Negotiable Instruments Act. Section 138 is the principal section dealing with dishonor of cheques.
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
The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament.
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.
Singh & Associates
The Hon'ble Supreme Court of India has rightly decided the question relating to the need of sanction Under Section 197 of the Code of Criminal Procedure...
Singhania & Partners LLP, Solicitors and Advocates
Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act") stipulates grounds to challenge the arbitral award made under Section 31.
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.
Nishith Desai Associates
Much has been said about the Supreme Court of India ["SCI"] judgment in Bharat Aluminium Co. v. Kaiser Aluminium Technical Service1which has perceivably changed the arbitration regime in India.
Khaitan & Co
The Court held that there was nothing in the Consent Terms which was contrary to any provision of Indian law.
Singhania & Partners LLP, Solicitors and Advocates
The Arbitration and Conciliation Act, 1996 (hereinafter the "1996 Act") supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved.
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.
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.
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