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Searching Content from India indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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Date
1
Arbitration And Tort Law: Krishan Gopal v. Parveen Rajput
An Arbitration clause is designed to set out the procedure that shall govern any dispute arising from or in connection with the contract.
India
23 Oct 2019
2
Bombay High Court Upholds Agreement Of Parties To Appoint An Arbitrator In An International Commercial Arbitration Without Filing Of An Application Under Section 11(9) Of The Arbitration Act
For the sake of brevity and relevance, we have focused only on one aspect of this judgment, being the issue of appointment of an arbitrator in the matter.
India
21 Oct 2019
4
Specific Performance Of DA
By a judgment dated 9th October, 2018 in the matter of Sushil Kumar Agarwal vs. Meenakshi Sandhu and Ors. [2018 (13) SCALE 778], the Hon'ble Supreme Court, relying on provisions of Section 14 (3) (c) ...
India
17 Oct 2019
5
Recent Amendments To The Specific Relief Act, 1963: An Analysis
Guided by established principles of Common Law that view damages as the presumptive remedy and specific performance as an alternate, discretionary remedy, the Specific Relief Act 1963 has sought to protect civil and ...
India
16 Oct 2019
6
Penalty Rationalization Under FEMA
The recent ruling of the Appellate Tribunal for Foreign Exchange, New Delhi (Appellate Tribunal) in the matter of Jaipur IPL Cricket Private Limited and Ors. v. The Special Director Directorate ...
India
14 Oct 2019
7
Brahmani River Pellets Judgment: Reigniting The Seat vs Venue Debate
The overarching theme of arbitration is choice. Amongst other things, parties are free to choose the place where the arbitration is legally based out of.
India
11 Oct 2019
8
Consolidating Law Of injunction In Patent Infringement - Indian Experience
Rushing to get ex party injunction remained the first salvo in the hands of the patentee in India. Section 108(1) allows courts to give relief in suit for infringement inter alia grant
India
10 Oct 2019
9
Filing Of Supplementary Complaint Based On Further Investigation
R. Subramanian v. The Assistant Director, Directorate of Enforcement Decided by the High Court of Madras reported at MANU/TN/5918/2018
India
 
10 Oct 2019
10
Independence Of Proceedings Of Special Courts And Enforcement Authorities Under PMLA
In fact it is in anticipation of prosecution that attachment proceedings are initiated.
India
 
10 Oct 2019
11
Jurisdiction Determined As Per Section 42 And The Doctrine Of Forum Conveniens
The notice to show cause under Section 8 of the Act had been issued by the Adjudicating Authority, based in Delhi.
India
 
10 Oct 2019
12
No Withholding Tax Applicable On Arbitral Award
Holds that damages for breach of contract and interest thereon, paid in consequence of an international arbitral award, are not taxable in India under Article 22(1) of the Indo-Swiss DTAA;
India
9 Oct 2019
13
Value Of Welfare Stamp On Vakalatnama Increased To Rs. 25
The Government of Delhi vide it's notification dated September 24, 2019 has amended the Delhi Advocates' Welfare Fund Rules, 2001.
India
9 Oct 2019
14
Arbitrator Fees In India: In A Fix?
The Law Commission of India, in its 246th report, noted that one of the problems associated with arbitration in India (especially ad hoc arbitrations)
India
9 Oct 2019
15
Bail Grant Under Section 45(1) Of PMLA
The High Court of Madhya Pradesh held that the applicant was duly cooperating with the investigation and no prayer was made to arrest him during the investigation.
India
8 Oct 2019
16
Bail Granted To Accused Following The Decision Rendering Twin Conditions Under Section 45 Of PMLA Unconstitutional
In the FIR both the petitioners were on bail and charge-sheet was filed without arrest.
India
8 Oct 2019
17
Bail In FIR Under Sections 120-B/384 IPC And Section 8 Of The Prevention Of Corruption Act
The petitioner demanded huge money to settle the matter with the Income Tax department and to avoid adverse media reporting.
India
8 Oct 2019
19
India Notifies Protocol Amending India-Spain Tax Treaty; Introduces Base Protection And Tax Transparency Measures
Introduces unique Limitation of Benefit clause: provides for treaty-override to make Indian GAAR applicable, and beneficial ownership as pre-condition for availing treaty benefits
India
27 Sep 2019
20
India-Time Limits To Complete Arbitration Proceedings (Jayesh Pandya v Subhtex)
Recently, the Supreme Court of India in Jayesh Pandya & Anr. v. Subhtex India Limited held that mandate of an Arbitrator terminated if they fail to act without undue
India
27 Sep 2019
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