Searching Content indexed under Arbitration & Dispute Resolution by Shardul Amarchand Mangaldas & Co ordered by Published Date Descending.
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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
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
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
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
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
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
Appointment Of Arbitrators By Indian Government Owned Entities: Dos And Don'ts
Indian public sector undertaking (PSUs) account for a large part of India's GDP. Naturally, therefore, PSUs are parties to many Indian disputes (whether in courts or arbitration).
7 Jun 2017
Deciding The Question Of Applicability: Arbitration Amendment Act, 2015
The last decade has seen a concerted effort by the Indian legislature, the executive and the judiciary to promote alternative dispute resolution in India.
22 Sep 2016
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