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Searching Content indexed under Litigation, Mediation & Arbitration by Nishith Desai Associates ordered by Published Date Descending.
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1
No Withholding Tax Applicable On Arbitral Award
Holds that damages for breach of contract and interest thereon, paid in consequence of an international arbitral award, are not taxable in India under Article 22(1) of the Indo-Swiss DTAA;
India
9 Oct 2019
3
India Notifies Protocol Amending India-Spain Tax Treaty; Introduces Base Protection And Tax Transparency Measures
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
India
27 Sep 2019
4
India-Time Limits To Complete Arbitration Proceedings (Jayesh Pandya v Subhtex)
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
India
27 Sep 2019
5
Is The Indian Arbitration And Conciliation Act 1996 Special Or General Law? (National Highways Authority v Sayedabad Tea Company)
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
India
24 Sep 2019
6
Director Liability: Supreme Court Quashes Case Against Managing Director
The Supreme Court ("Court") in the recent case of Shiv Kumar Jatia v. State of NCT of Delhi,1 quashed the criminal proceedings that were initiated only
India
23 Sep 2019
7
India—Supreme Court Holds Non-Signatory Cannot Be Impleaded Without Establishing An Intention To Be Bound By Arbitration (Reckitt India v Reynders India)
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
India
23 Sep 2019
8
The Indian Arbitration And Conciliation (Amendment) Act 2019—A Reflection
The Arbitration and Conciliation (Amendment) Act, 2019 brings about several key changes to the arbitration landscape in India.
India
19 Sep 2019
9
No Room For Even Perception Of Bias In An Arbitrator, Says Supreme Court
Sets aside award on finding that there was a perception of bias with respect to the sole arbitrator who passed the award
India
9 Sep 2019
10
Delhi High Court Enforces SIAC Award And Directs Deposit Of Payment
While fostering its pro-enforcement regime, the Delhi High Court in Glencore International AG v. Indian Potash Limited & Anr.
India
30 Aug 2019
11
NPAC's Arbitration Review : A Call For Mediation In Investment Treaty Disputes!
In the universe of commercial disputes, the institutionalization of mediation appears to have taken center stage.
India
27 Aug 2019
12
Two-Tier Arbitration - The Controversial Clause!
The Judges of a division bench of the Supreme Court of India, in pronouncing their ruling on May 9, 2006 in the matter of Centrotrade Minerals and Metals Inc. v. Hindustan Copper Limited,
India
14 Aug 2019
13
Party Autonomy Wins! Arbitral Fees Can Be Determined by Agreement of Parties
The Arbitration and Conciliation Act, 1996 ("A&C Act") and amendments thereto do not preclude a party from deciding a fee structure for arbitrators through mutual agreement
India
9 Aug 2019
14
Mediated Settlements: The Next Realm Of Dispute Resolution In India
On July 31, 2019, the Union Cabinet, chaired by Prime Minister Narendra Modi, approved the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation
India
7 Aug 2019
15
Supreme Court Says It's Unfortunate That Arbitration In India Is Expensive And Time-Consuming
In Dolphin Drilling Ltd. ("Petitioner") v. M/s. Oil and Natural Gas Corporation Ltd. ("Respondent") 1, the Supreme Court of India ("Court") has, amongst other things
India
7 Aug 2019
16
Arbitral Tribunal v. Court
Affirming the duty of a curial court in arbitration, recently the Delhi High Court in Indeen Bio Power Limited ("Petitioner") v. Dalkia India Pvt. Ltd1
India
7 Aug 2019
17
The Age Of Orwellian Arbitration – Arbitration & Conciliation (Amendment) Bill, 2019
The Arbitration and Conciliation (Amendment) Bill, 2018 ("2018 Bill") was passed by the Lok Sabha without any debate or discussion.
India
1 Aug 2019
18
Emperor's New Clothes? Arbitration And Conciliation (Amendment) Bill, 2019
The Arbitration and Conciliation (Amendment) Bill, 2019 ("2019 Bill") was introduced in the Rajya Sabha earlier this week.
India
29 Jul 2019
19
Tax Return Mandatory Even When No Tax Payable In India
The Authority for Advance Rulings (the "Authority") has recently in VNU International B.V. v. Director of Income-tax (International Taxation), Mumbai1 opined on an important practical issue
India
23 Jul 2019
20
Supreme Court: Non-Signatory Cannot Be Impleaded Without Establishing Its Intention To Be Bound To Arbitration
Burden is upon the party seeking to implead a non-signatory, to show its intention to consent to the arbitration agreement
India
22 Jul 2019
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