Mondaq Asia Pacific - 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.
Singh & Associates
International Arbitration Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries
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.
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Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
AZB & Partners
On August 9, 2019, the President of India gave his assent to the amendments to the Arbitration and Conciliation Act
VGC Law Firm
The same have been briefly discussed in the present article.
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.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
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] ...
Vaish Associates Advocates
Some of the prominent confusions that have been prevailing within the Bar and the Bench pertain to the applicability of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227...
Singh & Associates
In addition, the article also discusses the contours of applicability of the aforesaid sections.
Khaitan & Co
The article should not be envisaged as an information primer for the entirety of the Amendment Act.
Singh & Associates
S482, under the 37th Chapter of the Code – titled ‘Miscellaneous' deals with Inherent powers of the Court.
Singh & Associates
Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, ...
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.
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