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Phoenix Legal
The current judicial climate in India fosters a "minimal interference" model for courts, when it comes to matters of arbitration.
IndusLaw
Recently, the Supreme Court of India has, in the case of Vijay Karia and Ors. v. Prysmain Cavi E Sistemi SRL & Ors., set the law in motion by narrowing the judicial interference in enforcement of foreign awards ...
M Mulla Associates
Bail, in law, is used for the release of a person charged with an offence, on his providing a security that will ensure his presence before the court or any other authority whenever required.
L&L Partners
The recent decision of the three judge bench in the case of BGS SGS Soma JV v. NHPC Ltd , has settled the conundrum with regards to place, seat and venue of arbitration.
Vaish Associates Advocates
Protection of rights and liberties against their intentional infringement should be the outright most important objective of a democratic government and their justice system.
Shardul Amarchand Mangaldas & Co
This paper aims to provide insight to a type of damages, i.e. 'exemplary damages', which is awarded by the judiciary on not so frequent occasions. This is followed by a comparison with various other types of damages.
IndusLaw
The Court herein noted that the arbitral tribunal had entered upon reference on May 26, 2018.
Singh & Associates
As per Section 36 of the Arbitration and Conciliation Act, 1996
King, Stubb & Kasiva
The presence of such clauses in an agreement can be highly beneficial to the party with the right to designate a sole arbitrator.
Aggarwals & Associates
Every developed legal system possesses a judicial organ which adjudicates the rights and obligations of the citizens of the nation. At earlier stage, the courts were guided by customs and their own sense of justice.
Singhania & Co
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assistance in evidence taking and setting aside of the arbitral award.
STA Law Firm
The Ministry of Law and Justice of India has passed a notification on 17 January 2020 in the official Gazette of India declaring United Arab Emirates to be a reciprocating territory...
Economic Laws Practice
This week, we analyze the decision of Supreme Court in the case of Central Organisation for Railway Electrification V. ECI-SPIC-SMO-MCML (JV) A Joint Venture Company.
Economic Laws Practice
Arbitration weekly update -The State of Jharkhand & Ors. v. M/s HSS Integrated SDN & Anr.
Economic Laws Practice
This week, we examine the decision of the Bombay High Court in Chetan R. Shah. v. Emkay Fincap Ltd., which interprets the recently introduced section 87 of the Arbitration and Conciliation Act 1996.
IndusLaw
It is not uncommon for parties to incorporate arbitration clauses that give them the unilateral power to appoint a sole arbitrator.
Khaitan & Co
Section 13 read with Section 44A of the CPC lays down the law in respect of execution of foreign judgements / decrees in India.
Phoenix Legal
On 17 January 2020, India paved way for the execution of decrees and judgments passed by certain UAE courts in India.
Cyril Amarchand Mangaldas
There has been constant confusion with respect to admissibility of unstamped documents. Section 35 of the Indian Stamp Act, 1899 ("Stamp Act"), provides that...
LexCounsel Law Offices
The Ministry of Law and Justice, Government of India vide its Notification dated January 17, 2020 declared United Arab Emirates a "reciprocating territory" for the purposes of enforcing foreign civil decrees in India.
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