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Searching Content indexed under Trials & Appeals & Compensation by Singhania & Partners LLP, Solicitors and Advocates ordered by Published Date Descending.
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1
When Full And Final Settlement Bars Arbitration
In a recent judgment, the Supreme Court has upheld the sanctity of a full and final settlement by its judgment in United India Insurance Co. Ltd. v Antique Art Exports Pvt Ltd.
India
31 May 2019
2
One Sided Clause And Unfair Trade Practice
The Appellant/ Builder launched a residential project in Gurugram.
India
10 Apr 2019
3
The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993 Has Precedence Over The Companies Act, 1956
The essence of the judgment in the case of Civil Appeal No. 2511 of 2013, arising out of Special Leave Petition (C) no. 35627 of 2011, between the Official Liquidator, U.P and Uttarakhand vs. Allahabad Bank and others ...
India
2 Aug 2018
4
Blacklisting Of Contractors By The Government And Public Sector Undertakings
A contractual relationship necessarily implies consensus of two minds, and a private citizen is free to contract, with any person of his choice.
India
2 Aug 2018
5
Supreme Court Holds That The Participation In Tender As Mandatory To Exercise The Right Of First Refusal
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.
India
17 Jul 2018
6
Supreme Court's Take On The Fate Of Automatic Stay Granted To Section 34 Petitions Post The Amendment Act
The controversy pertaining to the amended provisions of Section 36 of the Arbitration and Conciliation (Amendment) Act, 2015 ("The Amendment Act") has finally seen the dawn of the day, ...
India
5 Apr 2018
7
The National Judicial Appointment Commission – A Critique
The National Judicial Appointments Commission Act, 2014 ("NJAC Act") has been notified in the official gazette on the 13th of April, 2014.
India
20 Nov 2017
8
The Fate Of Automatic Stay On Section 34 Petitions Filed Post Amendment
The Division bench of the Delhi High Court augments more ambiguity to the already existing controversy with regard to the applicability of the amended provisions viz. Section 34 and Section 36 of the Arbitration and Conciliation (Amendment) Act, 2015.
India
6 Feb 2017
9
Emergency Arbitration In India: Concept And Beginning
In the gamut of a sound and systematized International Arbitration, an emergency relief is often described as an "Achille's Heel".
India
25 Nov 2016
10
Validity Of Invocation Of Bank Guarantee To Be Judged On Facts Of Each Case: Supreme Court
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements.
India
10 Nov 2016
11
Arbitration & Conciliation (Amendment) Act, 2015: Whether Applicable To Court Proceedings Arising Out Of Pre-Existing Arbitrations
The unclear nature of this issue requires urgent consideration to provide uniformity to the law and its effective application.
India
21 Oct 2016
12
Choice Of Seat Of Arbitration Akin To Exclusive Jurisdiction Clause- Pre-BALCO Arbitrations
The question of applicability of the provisions of Part I of the Arbitration and Conciliation Act 1996 (hereinafter referred as 1996 Act) to the international commercial arbitrations held outside India has time and again come up...
India
16 Jun 2016
13
Does The Buyer Of Under Construction Housing Projects Really Get Respite From Paying Service Tax
The recent judgement delivered by the Delhi High Court on 03rd of June 2016 on the subject is trending in the Social Media.
India
15 Jun 2016
14
Suing A Foreign State In India: Piercing The Veil Of Sovereign Immunity
The government is taking various routes to facilitate and broaden Foreign Direct Investment inflows into India.
India
14 Jun 2016
15
Applicability Of Section 9 (Interim Relief) To International Commercial Arbitrations Having A Foreign Seat & Governed By Foreign Law Vis-à-Vis ‘Implied Exclusion' - Post Amendment Scenario
The recent amendments (Amendment Act 2015) brought to the Arbitration and Conciliation Act 1996 (1996 Act) have brought about significant changes to the arbitration law in India.
India
22 Apr 2016
16
DCGI Cracks The Whip To Prohibit 344 Drugs Constituting Fixed Dose Combinations, Delhi High Court Stays Notifications Vis-à-Vis Pfizer's Corex
In an unprecedented move, the Ministry of Health and Family Welfare proceeded to prohibit "the manufacture for sale, sale and distribution for human use" of 344 (three hundred and forty four) drugs...
India
17 Mar 2016
17
Delhi HC Judgement* Upholds Termination Of Senior Executive For Sexual Harassment At Workplace
A recent judgement of the Delhi High Court comes as a major landmark in India in validating the order of termination of the employee's services on the basis of the Internal Complaints Committee (ICC) of a company...
India
27 Jan 2016
18
Limitation Of Time Under Section 34 Of The Arbitration And Conciliation Act, 1996
Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act") stipulates grounds to challenge the arbitral award made under Section 31.
India
15 Dec 2015
19
The Arbitration And Conciliation (Amendment) Ordinance, 2015: Impact On Law Laid Down In BALCO
In recent times there has been a rapid increase in commerce and industry which has led to parties resorting to arbitration to avoid delayed and protracted litigation.
India
15 Dec 2015
20
Government Appointed Arbitrator: Law Of Bias
It has been a common norm that Government while contracting resorts to arbitration agreements wherein Government nominated persons are majorly given the role to adjudicate as arbitrators.
India
16 Nov 2015
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