Mondaq India: Litigation, Mediation & Arbitration
AZB & Partners
The overarching theme of arbitration is choice. Amongst other things, parties are free to choose the place where the arbitration is legally based out of.
Vaish Associates Advocates
R. Subramanian v. The Assistant Director, Directorate of Enforcement Decided by the High Court of Madras reported at MANU/TN/5918/2018
S.S. Rana & Co. Advocates
The Government of Delhi vide it's notification dated September 24, 2019 has amended the Delhi Advocates' Welfare Fund Rules, 2001.
Cyril Amarchand Mangaldas
The Law Commission of India, in its 246th report, noted that one of the problems associated with arbitration in India (especially ad hoc arbitrations)
Nishith Desai Associates
Introduces unique Limitation of Benefit clause: provides for treaty-override to make Indian GAAR applicable, and beneficial ownership as pre-condition for availing treaty benefits
Nishith Desai Associates
Recently, the Supreme Court of India in Jayesh Pandya & Anr. v. Subhtex India Limited held that mandate of an Arbitrator terminated if they fail to act without undue
L&L Partners
Judiciary acts as a guardian of rule of law, which is the foundation of a democratic society.
Nishith Desai Associates
Recently, the Supreme Court of India in National Highways Authority of India v Sayeda-bad Tea Company dealt with arbitral appointments under Section 11 of the Arbitration and Conciliation Act 1996
Tuli & Co
§11 of the Arbitration & Conciliation Act 1996 (A&C Act) stipulates the procedure for appointment of arbitrators.
Nishith Desai Associates
In this piece, Sahil Kanuga and Siddharth Ratho of the International Dispute Resolution and Investigations practice analyze and discuss a recent decision of the Supreme Court
Khaitan & Co
In line with the recent assurances from the Finance Minister of India regarding ending the tax harassment, the CBDT which is the apex body for administration of direct tax in India, has issued 2 circulars.
Nishith Desai Associates
The Arbitration and Conciliation (Amendment) Act, 2019 brings about several key changes to the arbitration landscape in India.
King, Stubb & Kasiva
The bench consisting of Justice R. Banumati and Justice A.S. Bopanna of Hon'ble Supreme Court of India in judgment dated 30th July 2019, in the matter of Zeninth Drugs & Allied Agencies Pvt. Ltd. v. Nicholas Primal India Pvt. Ltd. ...
M Mulla Associates
Arbitration has increasingly become a preferred option to settle commercial disputes globally as well as in India.
S.S. Rana & Co. Advocates
Under the old Arbitration Act, 1996 no time limit to file written submissions before an arbitral tribunal.
Khaitan & Co
In Gurudwara Sahib, the plaintiff, inter alia, sought a declaration that he had acquired title of the suit property by way of adverse possession.
Obhan & Associates
It has been well established that consent from parties is a prerequisite to an arbitration.This characteristic of an arbitration ensures that it is only the parties to an arbitration agreement that
Nishith Desai Associates
Sets aside award on finding that there was a perception of bias with respect to the sole arbitrator who passed the award
Link Legal India Law Services
India is not new to the world of arbitration. Ancient India recognized arbitration as an efficacious means of dispute resolution.
AMLEGALS
In this case the Appellant is a society registered under the Societies Registration Act, 1860 and is affiliated to the All India
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Singhania & Co
A cheque is a widely used method of payment and post-dated cheques are frequently used in various transactions in business life.
L&L Partners
The object of Code of Criminal Procedure, 1973 ("CrPC/ Code") is to provide machinery for the punishment of offenders against the substantive criminal law.
AZB & Partners
On August 9, 2019, the President of India gave his assent to the amendments to the Arbitration and Conciliation Act
Khaitan & Co
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)] ...
M Mulla Associates
In practice, more often than not, in a dispute over title of a land/property, it is seen that the parties assert their title by placing reliance upon their name being reflected in the revenue records.
Khaitan & Co
The Hon'ble Supreme Court of India (Supreme Court) in its judgment, in M/s SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. held that the failure to file written statements within the statutory time period ...
M Mulla Associates
Recently, the Supreme Court of India in its judgment dated 6th February, 2019 in the matter Bir Singh v. Mukesh Kumar [Criminal Appeal Nos. 230-231 of 2019 in SLP (Criminal) Nos. 9334-35 of 2018] ...
Khaitan & Co
In Gurudwara Sahib, the plaintiff, inter alia, sought a declaration that he had acquired title of the suit property by way of adverse possession.
VGC Law Firm
There have been some changes in the civil dispute resolution practice area through the Specific Relief (Amendment) Act, 2018 which has made some important amendments to the Specific Relief Act, 1963.
Vaish Associates Advocates
In case of a cognizable offence [as defined under Sec. 2(c) of the Code of Criminal Procedure, 1973 (Cr.P.C.), "cognizable offence" means an offence for which, and "cognizable case" means a case in which, ...
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