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LexCounsel Law Offices
Indian arbitration law, contained in the Arbitration and Conciliation Act, 1996 (the "Act"), provided for an automatic stay on enforcement of the arbitral award once a challenge against the award...
Tuli & Co
34 of the Act permits a challenge to an arbitral award on limited grounds within 3 months from the date on which the award is received.
The Law Point
The area of Emergency Arbitration came to light after a much publicised dispute between Future Retail Ltd. and Investment Holding LLC ("Amazon").
Khaitan & Co
The issue before the Supreme Court was whether an order refusing to condone delay in filing a setting aside application is an appealable order under the 1996 Act.
Cyril Amarchand Mangaldas
The Court has also reiterated the legal position on limited interference by Courts in international arbitrations.
Cyril Amarchand Mangaldas
As per Article 15.5 of the PSC, the Respondents were entitled to recover a certain sum of monies as its base development costs.
Cyril Amarchand Mangaldas
It was further held that the Evidence Act does not contemplate or permit proof of an electronic record by oral evidence if the requirements under Section 65B are not complied with.
Cyril Amarchand Mangaldas
In Shakti Bhog Food Industries Ltd. v. The Central Bank of India and Anr.
On 3 February 2021, a three-judge bench of the Supreme Court of India passed a judgment in the matter of Phoenix ARC Private Limited v. Ketulbhai Ramubhai Patel (Judgement)
Obhan & Associates
The Supreme Court, recently, in the case of Phoenix Arc Private Limited v. Spade Financial Services Limited 1, held that the intent of Sec. 21 of the Insolvency and Bankruptcy Code...
Khurana and Khurana
In the recent Judgement passed by NCDRC on 21st December 2020, NCDRC held the bank liable for the online fraudulent transactions if there is no fault on the customer's part.
Phoenix Legal
In a recent order passed in the matter of Union of India v. M/s Associated Construction Co. , the Hon'ble Supreme Court highlighted the uncertainty surrounding the period of limitation applicable on appeals filed under Section 37.
Vaish Associates Advocates
The Hon'ble Supreme Court ("SC") by way of its judgement dated January 11, 2021 in the matter of M/s N.N. Global Mercantile Private Limited v. M/s Indo Unique Flame Limited and Others...
Phoenix Legal
In the past few months, we have witnessed some critical developments in the legal position on 'arbitrability of fraud', both on the legislative and the judicial front.
TMT Law Practice
This quote from Sun Tsu's Art of War could not be more apt in the context of commercial disputes, where half the battle is won before the fight.
Singh & Associates
Alternate Dispute Resolution ("ADR") refers to all methods of resolving a dispute which are alternatives for litigation in the courts.
Cyril Amarchand Mangaldas
In this post, we attempt to answer whether such a remedy would extend to termination of arbitral proceedings under Section 32(2)(c) of the Act, and other issues incidental thereto.
Cyril Amarchand Mangaldas
This article analyses the legal basis and the genesis of the power of an arbitrator to recall its order of termination of proceeding on account of default of the Claimant.
Cyril Amarchand Mangaldas
In this post, we analyse some of the questions and ambiguities that may arise in the applicability of Section 34(4) of the Arbitration Act.
Cyril Amarchand Mangaldas
The recourse available to a party seeking to challenge an arbitral award is provided for in Section 34 of the Arbitration and Conciliation Act, 1996.
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