Searching Content indexed under Litigation, Mediation & Arbitration by Chakrapani Misra ordered by Published Date Descending.
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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.
21 Oct 2019
NCLAT Decides On The Requirement Of Seeking Government Approval For Making An Insolvency Application Against A Tea Company
On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16G(1)(c) ...
14 Aug 2019
The Singapore Convention: A Potential Cornerstone Of Mediation
In India, mediation as a method of dispute resolution has been around for centuries.
7 Aug 2019
Would The Chit Funds Act, 1982, Being A Self-Contained Code, Prevail Over The Provisions Of The Arbitration And Conciliation Act,1996?
One Mr Harish Pujary, the brother of the Petitioner, was a member of the chit group of the Respondent.
12 Jul 2019
Bombay High Court: Mandatory Timeline For Filing Written Statement In 120 Days Under CPC Not Applicable To ‘Transferred' Commercial Suits
It is now to be seen whether such discretion would be used positively or negatively by the Courts while deciding on the timeline to file a written statement in Transferred Commercial Suits.
19 Jun 2019
SC: Validity Of An Unstamped/Insufficiently Stamped Agreement In Relation To Section 11(6a) Of The Arbitration And Conciliation Act, 1996
The question that arose before the Supreme Court in the appeal in Garware Wall Ropes Ltd vs Coastal Marine Constructions & Engineering Ltd, Civil Appeal No 3631 of 2019 was whether the earlier judgement of...
3 May 2019
Payment Against An Agreement To Sell Is A Duly Enforceable Debt Under The Negotiable Instruments Act
The division bench of the Supreme Court of India comprising of Hon'ble Justice Dr D.Y. Chandrachud and Hon'ble Justice Mr Hemant Gupta, in its judgment dated 13 March 2019 in Ripudaman Singh v Balkrishna, ...
5 Apr 2019
Compounding Of Non-Compoundable Offences By High Courts Under Section 482 Of CRPC- Supreme Court Re-Affirms Position
In the present case, two appeals with the same question of law were tagged together.
26 Mar 2019
SC: Former Employee Is Not Disqualified From Being Appointed As An Arbitrator
Vide a recent judgment dated 3 January 2019 in the matter of Government of Haryana PWD Haryana (B and R) Branch v M/s G F Toll Road Pvt Ltd & Ors (Civil Appeal No. 27/2019 in S.L.P. (C) No. 20201 of 2018), ...
21 Jan 2019
The NCLAT Rules That The Adjudicating Authority Has No Jurisdiction To Decide The Legality And Propriety Of A Foreign Decree
The NCLAT, vide its judgment in Usha Holdings LL.C. & Anr v Francorp Advisors Pvt Ltd (Company Appeal (AT) (Insolvency) No. 44 of 2018) dated 30 November 2018, held that the NCLT cannot determine ...
14 Jan 2019
Supreme Court Rules On The Arbitrability Of Consumer Disputes
The Appellant's main contention in support of its application was the wording of Section 8(1) of the Arbitration Act after the 2015 Amendment.
4 Jan 2019
Bar On Civil Court To Entertain Matters Pertaning To The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002.
The division bench was examining an order passed by a single judge of the High Court which rejected the contentions of Axis Bank that it could not be impleaded...
29 Nov 2018
A Borrower Can Now Challenge Symbolic Possession Under The Sarfaesi Act
The Hon'ble Supreme Court (SC), in its recent decision in the matter of M/s Hindon Forge Pvt. Ltd. & Anr. v State of Uttar Pradesh [(Civil Appeal No 10873 of 2018 along with Civil Appeal No 10874 of 2018)] ...
21 Nov 2018
An Unsigned Arbitration Agreement Is Not A Bar To Arbitration
In its recent decision in the matter of M/s Caravel Shipping Services Private Limited v M/s Premier Sea Foods Exim Private Limited (C.A. No.-010800-010801 of 2018 in SLP (C) Nos. 31101-31102 of 2016), ...
13 Nov 2018
Supreme Court Lays Down Guidelines To Determine The Interest Payable On Arbitral Awards In International Commercial Arbitrations
The arbitral tribunal's award contained separate sums of money payable under each claim
1 Nov 2018
'Prior Notice' Requirement Under Section 34(5) Of The Amended Arbitration And Conciliation Act, 1996 Is Directory And Not Mandatory
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...
27 Feb 2018
NCLAT Settles The Issue Of The Applicability Of The Limitation Act To Insolvency Applications Under The Insolvency And Bankruptcy Code
The NCLAT passed a judgment putting to rest the question of the applicability of the Limitation Act, 1963 to the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
8 Jan 2018
NCLAT Holds Section 34 Proceedings Is Record Of Operational Debt
NCLAT has held that proceedings pending under Section 34 of the Arbitration and Conciliation Act, 1996 does not constitute a ‘dispute' under Section 8 of the Insolvency and Bankruptcy Code, 2016.
5 Jan 2018
Delay In Filing Appeal Against An Order Of The Recovery Officer Cannot Be Condoned
The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
17 Nov 2017
Foreign Award Holders Can Seek Interim Reliefs Under Section 9 Rules Bombay High Court
An arbitration agreement that merely provides for a venue and applicable law not being India would not satisfy the intent of the proviso.
19 May 2017
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