Mondaq All Regions - India: Litigation, Mediation & Arbitration
Singh & Associates
The issue of only expeditious disposal can be considered no other
Singh & Associates
Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") is broadly based on the UNCITRAL Model Law on International Commercial Arbitration, 1985.
Singh & Associates
The remedy for healthy development of arbitration in India is to disclose the fees structure before the appointment of arbitrators so that any party who is unwilling to bear such expenses can express his unwillingness.
Singh & Associates
Hon'ble Supreme Court of India paved way in upholding the momentous judicial precedent which lays down a crucial legal principle pertaining to arbitration proceedings in India w.r.t. power of a civil court in granting the anti-arbitration relief.
M Mulla Associates
The court observed that the High Court should examine whether there is a strong possibility of conviction or not.
AMLEGALS
In the present case, M/s Cinevistaas Ltd. undertook the production of a game show named "Knock Out". The same was duly approved by M/s Prasar Bharati.
Trilegal
Last year saw some significant legislative amendments and landmark judicial decisions heralding a more positive outlook for the resolution of corporate and commercial disputes in India.
Khaitan & Co
Recently, in the case of Giriraj Garg v Coal India Limited and Others (Civil Appeal No. 1695 of 2019 decided on 15 February 2019), the Supreme Court has fortified the principle of incorporation of an arbitration clause ...
Tuli & Co
The Bill was passed by the Lok Sabha on 4 January 2019 but it could not be cleared by the Rajya Sabha prior to the expiry of this year's budget session of Parliament.
Singhania & Co
Arbitration is a binding voluntary alternative dispute resolution process by a private forum chosen by the parties.
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] ...
Nishith Desai Associates
In Ravi Arya v Palmview Overseas, the Bombay High Court ruled that when remedies are available to the party seeking an injunction under the Arbitration and Conciliation Act, 1996...
Nishith Desai Associates
The Supreme Court in an unprecedented case of Rajasthan Small Industries Corporation Limited v. M/s Ganesh Containers Movers Syndicate, set aside the arbitral award exercising powers under Article 142 of the Constitution of India.
S.S. Rana & Co. Advocates
The Hon'ble Supreme Court in the case of Union of India v Hardy Exploration and Production, held that the contractual clause between the parties to the contract stipulating Kuala Lumpur as the ‘venue' of arbitration ...
AMLEGALS
Subsequently, one post must be reserved for Scheduled Castes and one post for Other Backward Classes category.
M Mulla Associates
While dealing with the issue regarding the locus of a non-signatory to the arbitration agreement under the Arbitration and Conciliation Act, 1996...
Clarus Law Associates
Recently, the High Court of Delhi, while deciding a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an order passed by an arbitrator, held that claims that have already been raised ...
Nishith Desai Associates
Recently, the Delhi High Court in the case of Union of India v. Khaitan Holdings (Mauritius) Limited & Ors., refused to grant anti-arbitration injunction (i.e. stay on arbitration proceedings) to Union of India in a dispute ...
Nishith Desai Associates
Litigation privilege will apply to communications between clients and their attorneys if there is reasonable contemplation of criminal proceedings.
Nishith Desai Associates
Recently, in the case of State of Bihar & Ors. v Bihar Rajya Bhumi Vijas Bank Samiti the Supreme Court of India held that Section 34 (5) of the Arbitration and Conciliation Act Act, 1996 ("Arbitration Act")
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Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
VGC Law Firm
The same have been briefly discussed in the present article.
Krishnomics Legal
The Negotiable Instruments Act, 1881 ("the Act") was enacted to characterize and define the law relating to authoritative records like Promissory Notes, Bills of Exchange and Cheques.
Singh & Associates
S482, under the 37th Chapter of the Code – titled ‘Miscellaneous' deals with Inherent powers of the Court.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
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...
L&L Partners
The recent order by the Hon'ble Supreme Court in Amit Sibal v. Arvind Kejriwal , has again brought to the forefront, the short but extremely important question as to :
Vaish Associates Advocates
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction includes any dispute between the Centre and State(s) or between States as well as matters concerning enforcement of fundamental rights of individuals.
Vaish Associates Advocates
An interesting feature of the Indian legal system is the existence of voluntary agencies called Lok Adalats (Peoples' Courts).
Singh & Associates
Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, ...
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...
Dhaval Vussonji & Associates
Largely, under the provisions of Civil Procedure Code, 1908 any party is permitted to amend its pleadings in order to bring out the true and correct facts necessary for determining...
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