Mondaq India: Litigation, Mediation & Arbitration
Nishith Desai Associates
Court appoints a commission to a foreign country to record the evidence of a witness; Evidence recorded on commission in another country does not amount to a change in venue of arbitral proceedings;
S.S. Rana & Co. Advocates
Therefore, it was alleged this Court has no territorial jurisdiction to entertain this suit and the plaint be returned.
Singhania & Partners LLP, Solicitors and Advocates
The SC in the aforesaid case had the opportunity to pen down the rules and directions that govern a Contractor's ‘Right of First Refusal' in a tender process.
Khaitan & Co
The Ordinance proceeds to lay down the procedure by which matters pending under Section 9A of the Code are to be dealt with.
Nishith Desai Associates
With an arbitration-friendly ecosystem shaping up in India, the judiciary has consistently followed the footsteps of the legislature's pro-arbitration regime, introduced by the Arbitration...
Nishith Desai Associates
The District Court of Columbia in recent proceedings between Hardy Exploration & Production (India) Inc. ("HEPI") v. Government of India (Ministry of Petroleum and Natural Gas) ...
NovoJuris Legal
Commercial Disputes: It means any disputes which is commercial in nature.
Vaish Associates Advocates
The Supreme Court of India, in a path breaking dynamic judgment, ( Shafhi Mohammad Vs. The State Of Himachal Pradesh SLP (Crl.)No.2302 of 2017) , has rationalized the law relating to the admissibility...
S.S. Rana & Co. Advocates
The Supreme Court of India held in the case of AnilKumar Jinabhai Patel(D) v. Pravinchandra Jinabhai Patel on March 29,2018 that the limitation period for filing of the application...
Selvam and Selvam
As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate's firm ...
Singh & Associates
In two recent judgments, the Delhi High Court dismissed the challenges to the decisions of Arbitral tribunal terming it as ‘unnecessary challenges' ...
Singhania & Partners LLP, Solicitors and Advocates
The journey towards India becoming a desirable hub for International commercial arbitration has been and continues to be a long and arduous done.
Singh & Associates
After the recent amendments in the Arbitration and Conciliation Act, 1996, regarding fixation of time period within which a dispute must be adjudicated upon, more and more parties are flocking towards,arbitration.
Singh & Associates
We often come across arbitration clauses that specify the ‘Venue' for conducting the arbitration proceedings but do not specify the ‘Seat' of the arbitration.
Nishith Desai Associates
Set aside an order of the single judge which had allowed Devas to seek interim measures for securing the ICC arbitral award before Delhi HC;
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 the recent judgment delivered by the Hon'ble Delhi High Court in the case of Power Grid Corporation of India Ltd. v. Jyoti Structures Ltd.
S.S. Rana & Co. Advocates
In continuation of the highlights of the New Delhi High Court (Original Side) Rules, 2018, the present article deals with the remaining chapters i.e., Chapter XVI to Chapter XXXI...
Nishith Desai Associates
The contemporary commercial age is witnessing a surge of complex intertwined transactions. Identical parties may perform different roles under a single contract having multiple layers or under multiple contracts.
S.S. Rana & Co. Advocates
In the above case, the Plaintiff is engaged in the manufacturing of conventional welding electrodes and is in the business of repair and reclamation of welding electrodes.
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On 24 August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution.
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
Shardul Amarchand Mangaldas & Co
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
Vaish Associates Advocates
The normal law relating to the Burden of Proof and its onus is given under the provisions of the Indian Evidence Act, 1872.
Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
S.S. Rana & Co. Advocates
A full bench comprising of Hon'ble Mr. Chief Justice Dipak Misra, Hon'ble Mr. Justice AM Khanwilkar and Hon'ble Mr. Justice DY Chandrachud has laid down broad principles from various precedents ...
Aquilaw
Captive Generating plant means a power plant set up by any person, association or any company to generate electricity primarily for his or her own use and includes a power plant set up by any co-operative society...
Vivek Nasa & Associates
Transfer of cases relating to Matrimonial Disputes from a court situated in a particular state to a court situated in another state, can only be done by the way of Transfer Petition...
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