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Searching Content indexed under Litigation, Mediation & Arbitration by Tuli & Co ordered by Published Date Descending.
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NCLT Has The Power To Grant Ad-Interim Reliefs Under Rule 11 Of The NCLT Rules 2016: NUI Pulp And Paper Industries Pvt Ltd v Roxcel Trading GmbH
NCLAT has, in its recent decision in NUI Pulp and Paper Industries Pvt Ltd v Roxcel Trading GmbH, held that Rule 11 of the National Company Law Tribunal Rules 2016 recognises that the NCLT has inherent powers ...
India
25 Sep 2019
2
Tackling The Elephant In The Room: Role Of Courts Under The Amended §11 Of The Arbitration & Conciliation Act 1996
§11 of the Arbitration & Conciliation Act 1996 (A&C Act) stipulates the procedure for appointment of arbitrators.
India
24 Sep 2019
3
A Step Forward: The Arbitration And Conciliation (Amendment) Act 2019
The Arbitration and Conciliation Act 1996 was recently amended by the Arbitration and Conciliation (Amendment) Act 2019 and certain key reforms have been introduced.
India
2 Sep 2019
4
A Dispute Must Exist Prior To Issuance Of Demand Notice Under §8(1) Of The Insolvency And Bankruptcy Code
Given this judgment, corporate debtors will now need to be prompt in raising any disputes they have pertaining to claims made on them by Operational Creditors.
India
21 Aug 2019
5
Sorout Mushroom Farm v NIC & Ors: Sanctity Of Insured's Appointment Of Surveyor
In the case of Sorout Mushroom Farm v NIC & Ors [ ] (decided on 16 April 2019), the National Consumer Disputes Redressal Commission provided some useful guidance in relation to the claim assessment by an IRDA licensed Surveyor.
India
10 Jul 2019
7
The New Delhi International Arbitration Centre Ordinance 2019 – An Overview
The Bill was passed by the Lok Sabha on 4 January 2019 but it could not be cleared by the Rajya Sabha prior to the expiry of this year's budget session of Parliament.
India
11 Mar 2019
8
Aadhaar Bill: Impact On Financial Sector
The Aadhaar and Other Laws (Amendment) Bill 2018 (Aadhaar Bill) was recently passed in the Lok Sabha.
India
14 Feb 2019
10
An Unsigned Written Arbitration Agreement Is Enforceable: The Supreme Court View In M/s Caravel Shipping Services Pvt Ltd v M/s Premier Sea Food Exim Pvt Ltd
The disputes between the Appellant, Caravel Shipping and the Respondent, Premier Sea Foods arose from a Bill of Lading.
India
3 Jan 2019
11
Murder to be treated as an Accident: National Commission
The apex consumer body, the National Consumer Disputes Redressal Commission (National Commission), while hearing an appeal filed against the order of the Maharashtra State Consumer Disputes Redressal Commission (State Commission),
India
23 Oct 2018
12
The Supreme Court lays down guidelines for determining interest to be awarded in arbitration.
The Supreme Court in its recent judgment in Vedanta v Shenzen Shandong Nuclear Power Construction Co has laid down guidelines to be followed by arbitrators for awarding interest in international commercial arbitrations which have a seat in India.
India
18 Oct 2018
13
Mandatory mediation prescribed prior to filing of commercial suits
The Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 ('Amendment Act') was passed by the parliament on 10 August 2018. Earlier on 3 May 2018 the government had notified the Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018 ('the Ordinance') which has resulted in the Amendment Act.
India
21 Aug 2018
14
Prevention of Sexual Harassment at Workplace - Replacement of the ICC Chairperson on the grounds of conflict
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ('Act') and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 ('Rules') were enacted on 9 December 2013 with the objective of preventing and protecting women against sexual harassment at workplace.
India
20 Jul 2018
15
Supreme Court: An Arbitration Award Can Be Enforced At The NCLT
A full bench of the Supreme Court of India in Cheran Properties Limited v. Kasturi and Sons Limited & Ors.[1] has held that an award can be enforced even against a non-signatory to the arbitration proceedings.
India
14 May 2018
16
Arbitration Where Liability Is Not Admitted
In Oriental Insurance Company Limited v. Narbheram Power and Steel Pvt Ltd dated 2 May 2018 the Supreme Court has upheld the validity of a quantum-only arbitration clause and has affirmed...
India
8 May 2018
17
Cabinet Approves Changes To The Arbitration & Conciliation Act, 1996: Independent Body To Be Setup To Promote Institutional Arbitration
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.
India
9 Mar 2018
18
An appeal against the execution of a foreign arbitration award is not maintainable under Commercial Courts Act
A Division Bench comprising Justice R. F. Nariman and Justice Navin Sinha has in a recent decision in Kandla Export Corporation & Anr. v M/s OCI Corporation & Anr.
India
15 Feb 2018
19
Interim Award On Limitation Can Be Challenged Under Section 34 Of The Arbitration & Conciliation Act 1996
The Supreme Court in a recent decision in M/s Indian Farmers Fertilizer Co-operative Limited v M/s Bhadra Products has held that an award passed by an arbitrator, even on a limited issue of limitation...
India
26 Jan 2018
20
Arbitration Clauses Cannot Oust The Jurisdiction Of The Consumer Courts
It is well settled that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission ('NCDRC') and other consumer forums.
India
19 Jul 2017
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