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Searching Content indexed under Litigation, Mediation & Arbitration by Cyril Amarchand Mangaldas ordered by Published Date Descending.
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1
The Saga Continues In 2019 – Applicability Of The 2015 Amendments In Light Of The 2019 Amendments.
Readers may recall our earlier blog published here, where we discussed the Supreme Court's decision of BCCI v. Kochi Cricket
India
29 Aug 2019
2
The Singapore Convention On Mediation – India's Pro-Enforcement Run Continues
The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention) was adopted by the United Nations on June 26, 2018 and opened for
India
22 Aug 2019
3
Extradition Law: Fundamentals And Processes – Part II
Part I of the article elaborates on legal basis and purpose extradition, the procedure and the statutory provisions of Indian Extradition Act, 1962 as well as the key aspects of the extradition treaty between India and the UK.
India
9 Aug 2019
4
Extradition Law: Fundamentals And Processes – Part I
Under International law, extradition[i] is a formal, diplomatic process by which one state requests another to effect the return of custody of a fugitive criminal[ii] for crimes punishable by the laws of the requesting State...
India
8 Aug 2019
5
New Drugs And Clinical Trials Rules, 2019 – A Regulatory Overview
Issues around payment of compensation in cases of clinical trial related injury, disability and death have long remained open. Despite a directive
India
5 Aug 2019
6
Delhi High Court Clarifies The Scope Of Directions Passed In Mahindra Judgment Re Appointment Of Judicial Member
In a recent judgement, the Hon'ble High Court of Delhi (Delhi HC) clarified that the absence of a judicial member did not preclude the Competition Commission of India from performing its adjudicatory function.
India
1 Aug 2019
7
How The Penny Drops– An Examination Of The Bombay High Court's New Rules On Arbitral Tribunal Fees
The provisions for appointment of an arbitrator, under Section 11 of the Arbitration and Conciliation Act, 1996 (Act), underwent a sea change with the 2015 amendments.
India
16 Jul 2019
8
International Investment Arbitrations and International Commercial Arbitrations: A Guide to the Differences
A foreign investor's power to sue a host State plays a vital role in investment protection.
India
29 May 2019
9
For Art's Sake: The Court Of Arbitration For Art – Part II
For Art's Sake: The Court of Arbitration for Art – Part I looked at the history of art disputes and the introduction of the Court of Arbitration for Art and how it solves the issues of adjudication
India
24 May 2019
10
Supreme Court On The Rights Of Inter-Faith (Hindu-Muslim) Children
The Supreme Court of India, in the case of Mohammed Salim vs Shamsudeen[1], has finalised the views of a number of High Courts by ruling that a child born out of the marriage of a Muslim man and Hindu woman is legitimate.
India
22 May 2019
11
For Art's Sake: The Court Of Arbitration For Art – Part I
Consider this: you purchased a rare Jackson Pollock painting from a prestigious auction house's website, the auction house even provided you with a "Certificate of Authenticity".
India
3 May 2019
12
Dharani Sugars v. Union Of India: RBI's Regulatory Powers Re-Affirmed By The Supreme Court
The Supreme Court's judgment in Dharani Sugars and Chemicals Limited vs. Union of India is examined herein.
India
26 Apr 2019
13
Supreme Court's Diktat On Powers Of The NGT: Can Developers Finally Rest Easy? – Part 1
The Hon'ble National Green Tribunal, Principal Bench, New Delhi (NGT), vide the judgment dated May 4, 2016 in the Original Application No. 222 of 2014 ...
India
16 Apr 2019
14
Sashidhar v. Indian Overseas Bank And Ors. – Commercial Wisdom Reigns Supreme
The Supreme Court's decision in K. Sashidhar v. Indian Overseas Bank and Ors.[1]addressed a critical issue in the corporate insolvency resolution process – i.e. the scope of judicial scrutiny over a commercial decision taken by ...
India
19 Mar 2019
15
Supreme Court On The Rights Of Suspended Board In Vijay Kumar Jain V. Standard Chartered Bank: Some Implications
Upon commencement of the resolution process under the Insolvency and Bankruptcy Code, 2016 (Code), powers of the Board of Directors of the company stand suspended ...
India
22 Feb 2019
16
Swiss Ribbons v. Union Of India – The Foundation For Modern Bankruptcy Law
The Supreme Court's decision in Swiss Ribbons v. Union of India upholding the constitutionality of the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC or the Code) is a landmark in the development of the Code.
India
11 Feb 2019
17
Anti-Profiteering Orders – A Right Step Forward? Part II
Another major cause for concern is the continued lack of clarity on the mechanism to pass on the commensurate reduction in price.
India
10 Dec 2018
18
Revolutionary In Nature: How State Real Estate Authorities Enjoy Powers Akin To Civil Courts
RERA empowers the Regulator to direct real estate developers to produce their books of accounts.
India
19 Nov 2018
19
Casteism Much? – An Analysis Of Indra Sawhney: Part II
Published here is Part II of the blog piece on the Indra Sawhney Case, which examines in-depth, the case of Indra Sawhney, the use of ‘caste' as a factor in determining backwardness for the purpose of reservation, ...
India
30 Nov 2017
20
Casteism Much? – An Analysis Of Indra Sawhney: Part I
This is the third blog piece in our series entitled "Those Were the Days", which is published monthly.
India
29 Nov 2017
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