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Legal Scriptures
The approach towards the proceedings adopted by the Insolvency and Bankruptcy Code ("IBC"), 2016 is relatively distinct from that under the Arbitration & Conciliation Act ("A&C"), 1996.
Clasis Law
The Supreme Court of India, in its recent ruling in Arif Azim Co. Ltd. v/s Aptech Ltd, considered the issue of applicability of the law of limitation to a petition filed under Section 11(6) ...
Trinity Chambers
The genesis of the disputes was a contract between the petitioner and the Madhya Pradesh Rural Road Development Authority for construction of roads.
Trinity Chambers
In a recent decision in Avitel Post Studioz Limited v. HSBC PI Holding (Mauritius) Limited , the Supreme Court rendered a pivotal decision on the enforcement of foreign arbitral awards.
AZB & Partners
The judgment passed by the Hon'ble Supreme Court in Vidarbha Industries Power Ltd. v. Axis Bank Ltd., 8 SCC 32 on July 12, 2022, created quite a stir and unsettled the legal position pertaining to discretionary admission of section 7 applications under the Insolvency and Bankruptcy Code, 2016.
Trinity Chambers
In a recent decision in Akhil Gupta v. Hindustan Unilever Ltd. , the Delhi High Court, while deciding upon a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act")...
Legal Scriptures
Third-party litigation funding is an arrangement where a party which is unconnected/unrelated to a suit, agrees to take care of the costs of litigating the case in exchange for a percentage of the monetary amount that may be awarded ...
Legal Scriptures
After almost six years, the Supreme Court overruled its landmark judgment in the case of Asian Resurfacing of Road Agency Private Limited & Anr. V. Central Bureau of Investigation, ...
Trinity Chambers
In a recent decision in National Highways Authority of India v. IRB Ahmedabad Vadodara Super Express Tollways Pvt. Ltd
AZB & Partners
International arbitration, being a transnational field, necessitates a global outlook and consistent interchange and reciprocation of ideas and judicial practices between jurisdictions.
HSA Advocates
Delhi Transport Corporation (DTC) entered into a contract with Tata Motors Limited (TML) on October 18, 2018 for the purchase of 650 AC and 975...
Phoenix Legal
This unprecedented action has catalysed discussions on the emergence of a potential fifth stage of judicial intervention in arbitral awards.
Khaitan & Co LLP
A recent survey conducted by our firm provides valuable insights into the current state of domestic arbitration in India from the perspective of those directly involved, rather than from legal professionals.
Legal Scriptures
Recently, the Delhi High Court in the case of "Shanghai Electric Group Co. Ltd vs Reliance Infrastructure Ltd. FAO(OS)(COMM) 213/2022" restrained the Anil Ambani-owned Reliance Infrastructure...
K Singhania & Co
The legislative intent while drafting the Arbitration and Conciliation Act, 1996, was to narrow the ambit of the Courts while considering appeals from arbitration awards.
Argus Partners
On January 2, 2024, the Supreme Court of in India in the case of, Kanwar Raj Singh (D) Th. Lrs. v. Gejo (D) Th. Lrs., has held that a sale deed will only operate from the date of registration ...
Argus Partners
On January 10, 2024, the Supreme Court of India in the case of, Alagammal v. Ganesan, held that specific performance of an agreement to sell cannot be sought by a buyer ...
Singhania Secretarial Consultancy LLP
In a recent judgement, the Hon'ble Supreme Court, in the matter of S.V. Samudram vs. State of Karnataka & Another, set aside an order and judgment dated 07.02.2017 passed by the Hon'ble High Court of Karnataka under Section 37 of the Arbitration & Conciliation Act, 1996.
Sochannam Legal
This issue was decided in the case of AVITEL POST STUDIOZ LIMITED V. HSBC PI HOLDINGS (MAURITIUS) LIMITED wherein the AVITEL had challenged the enforcement proceedings of a SIAC arbitration award...
Dhruva Advisors LLP
Karnataka High Court allowing a batch of several appeals against the Tribunal ruling, held that a trust structure is not liable for Service Tax, when it deals with monies collected as an investment fund.
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