Searching Content indexed under Litigation, Mediation & Arbitration by Shardul Amarchand Mangaldas & Co ordered by Published Date Descending.
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Quashing Of Criminal Complaints Having A Civil Nature: What The Supreme Court Held
Recently, a Division Bench of the Supreme Court comprising Justice L. Nageswara Rao and Justice MR Shah in Sau. Kamal Shivaji Pokarnekar v. The State of Maharashtra, held that criminal complaints cannot be quashed ...
19 Jun 2019
Supreme Court holds that stamp duty is not necessary for enforcement of foreign awards in India*
The arbitral award ("Award") was delivered in London under the ICC Rules on 12 February 2015 in the arbitration between Shriram EPC Limited ("Petitioner") and Rio Glass Solar SA ("Respondent").
21 Sep 2018
Delhi High Court holds that limitation period for filing application for appointment of arbitrator under Section 11 cannot be extended by issuing a second/fresh notice invoking arbitration*
The Petitioner in the matter relies on an arbitration clause as contained in the Supplementary Deed of Partnership dated 9 July 2012. Since certain disputes had arisen between the parties on 29 September 2014, the Petitioner had filed a petition being OMP No. 1198 of 2014 under Section 9 ("Section 9 Petition") of the Arbitration and Conciliation Act, 1996 ("Act").
14 Aug 2018
Key Takeaways From The NCLT's Decision In Cyrus Mistry – Tata Sons Dispute
On 12 July 2018, the National Company Law Tribunal (Mumbai) ("Tribunal") delivered its landmark judgment in the matter of Cyrus Investments Pvt. Ltd. & Anr. vs. Tata Sons Limited & Ors.
30 Jul 2018
India And Japan: Reflections On Dispute Resolution*
India and Japan are among the largest Asian economies. They are, in many respects, natural trading partners. Indeed, in 2011, the two countries signed the India-Japan Comprehensive Economic Partnership Agreement (‘CEPA'), which is a free trade agreement aiming to promote and protect cross-border trade and investment between the two countries.
17 May 2018
Appeals Under The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015 – A Legal Quagmire
In the view of the author, the resultant imbroglio is capable of resolution by making certain timely amendments in the 2015 Act.
24 Apr 2018
Supreme Court States That There Is No Bar To Plea Of Jurisdiction Being Raised In Objection Under Section 34 Of The Arbitration Act Even If The Same Was Not Raised Under Section 16
The disputes between M/s Lion Engineering Consultants ("Appellant") and State of Madhya Pradesh ("Respondent") in relation to a works contract were referred to arbitration.
12 Apr 2018
Supreme Court Clarifies The Application Of Section 26 Of The Arbitration Amendment Act, Holds That The Provisions Of The Amended Section 36 Will Apply To Section 34 Applications Filed Before And After The Commencement Of The Amendment Act
The Supreme Court, in Board of Control for Cricket in India v. Kochi Cricket Private Limited, has put to rest the controversy surrounding the construction and interpretation of Section 26...
20 Mar 2018
The Unwieldy Discretion Of Consumer Courts
In recent times, Consumer Courts have been grappling with the issue that in the event of failure to offer possession within the contractually stipulated period prescribed in the Agreement for Sale...
20 Mar 2018
Analysis Of The Arbitration And Conciliation (Amendment) Bill, 2018
The Arbitration and Conciliation (Amendment) Bill, 2018 to further amend the Arbitration and Conciliation Act, 1996 was approved on 7 March 2018 by Cabinet of Ministers for introduction...
13 Mar 2018
Enforceability Of Provisions In Contracts Restricting The Right To File Class Action Suits In India*
It may be worth noting that in the United States of America, there has been substantial litigation on this issue.
1 Mar 2018
Supreme Court Holds That Enforcement Of An Award Through Its Execution Can Be Filed Anywhere In The Country Where Such Decree Can Be Executed
In disputes between Sundaram Finance Limited ("Appellant") and Abdul Samad in relation to default in repayment of a loan, an ex-parte arbitration award was made on 22 October 2011 in favour of the Appellant ("Award").
22 Feb 2018
Consumer Rights And Arbitration Agreements - A Balancing Act
A Division Bench of the Supreme Court of India has decided to examine the correctness of a judgment of the NCDRC in Aftab Singh and others vs. Emaar MGF Land Limited and others, ...
6 Feb 2018
Delhi High Court Reiterates The Scope Of Judicial Interference And Challenge Under Sections 34 And 37 Of The Arbitration Act*
Whether the Single Judge of the High Court erred in upholding the arbitral Award, warranting interference under Section 37 of the Act.
2 Feb 2018
The Tata-Docomo Conundrum – How Far An Arbitral Award Can Bind Third Parties
The high-profile shareholders dispute between NTT Docomo Inc. and Tata Sons Ltd. was given a quietus when the Delhi High Court, on 28 April 2017, declared an Award passed by a foreign Arbitral...
19 Sep 2017
Making Section 482 CrPC the sole remedy – Case Study of Madras High Court's judgment in K.Raghupathy v The Commissioner of Police
A Single Judge of the Madras High Court recently, in K. Raghupathy v The Commissioner of Police [Crl.O.P. SR.No. 28352 of 2017] on 10.07.17, held that a petition under Section 482 of the Criminal Procedure Code...
14 Sep 2017
Supreme Court On Admissibility Of Electronic Records As Secondary Evidence
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
28 Jul 2017
The Consumer Is Paramount – National Consumer Commission's Assertion Of Its Jurisdiction
Recently, the National Consumer Disputes Redressal Commission, in its judgment dated 13.07.2017, adjudicated on the extent of applicability of the amended Section 8(1) of the Arbitration...
19 Jul 2017
Tata Shareholders' Suit: Bombay High Court Revokes Leave To Proceed In A Representative Capacity
The Bombay High Court on 10 July 2017 revoked its earlier leave granted under Order I Rule 8 of the Code of Civil Procedure...
13 Jul 2017
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