Mondaq All Regions - 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.
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.
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.
Foley & Lardner
The Indian court system has gained an unfortunate reputation for being notoriously slow, cumbersome, unpredictable, and unreliable, which makes solving commercial disputes in India a challenging ordeal.
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.
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.
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
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.
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 :
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.
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.
Solomon & Co.
There are two ways in which a foreign judgment or decree can be enforced in India depending on whether the judgment or decree has been given by a court in a reciprocating territory or not.
DSK Legal
Hon'ble Supreme Court in its judgment dated August 1, 2014 in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra and another inter alia held that the territorial jurisdiction for dishonor of cheques is restricted to the Court within whose local jurisdiction the offense was committed.
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