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Searching Content indexed under Trials & Appeals & Compensation 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
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
4
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
5
Delhi High Court Sets Aside The Arbitral Award Passed In The Airport Metro Express Dispute
The Delhi High Court recently partially set aside an arbitral award in the case of Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Private Limited.
India
4 Jun 2019
6
English Court's Dictum On The "Without Prejudice" Rule
The "without prejudice" rule governs admissibility of evidence and is founded on the public policy of encouraging litigants to settle their differences rather than litigate them towards a conclusion.
India
3 Jun 2019
7
Guidance Note Between DIFC Courts And NDA On Mutual Recognition And Enforcement Of Civil And Commercial Judgments In DIFC Courts And Courts In India.
With approximately 66,000 firms owned by Indians and non-resident Indians in the UAE, and the bilateral trade exceeding $53 billion last year, the two nations have been more financially interconnected than ever before.
India
8 May 2019
8
A Pinch For Piracy - Punitive Penalty Is The Court's Way
The Delhi High Court has once again granted punitive damages in a copyright infringement case.
India
4 Apr 2019
9
Vodafone Decision: All Is Not Lost, Perhaps Nothing
The High Court of Bombay has just upheld the Indian Revenue Department's jurisdiction to proceed against Vodafone on its USD 11.1 billion acquisition of Hutchison's Indian telecom operations back in February 2007.
India
27 Mar 2019
10
In Line With Vodafone, Delhi High Court Refuses Another Anti-Bit Arbitration Injunction
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 ...
India
21 Feb 2019
11
Vulnerable Transactions Under Bankruptcy Code: Promoters And Lenders Both Beware
In IDBI Bank Ltd. v. Jaypee Infratech Ltd1, the Allahabad Bench of the National Company Law Tribunal ("NCLT") has held that certain mortgages created by Jaypee Infratech Ltd. ("JIL")
India
19 Feb 2019
12
The English Court Of Appeal Rules On Privileged Documents In Internal Investigations
Litigation privilege will apply to communications between clients and their attorneys if there is reasonable contemplation of criminal proceedings.
India
19 Feb 2019
13
English Court Of Appeal Clarifies Scope Of Litigation Privilege
Legal advice given to avoid, or even settle proceedings which are reasonably contemplated, would receive the same level litigation privilege as in cases of defending or resisting litigation.
India
14 Feb 2019
14
Ineligibility Of Arbitrators - Arbitration Amendment Act Applies Prospectively
The Arbitration and Conciliation (Amendment) Act, 2015 does not apply retrospectively to arbitration proceedings commenced prior to it coming into force, unless the parties otherwise agree.
India
10 Jan 2019
15
Mumbai Tribunal: Asset Based Valuation Not Applicable To Preference Shares
Tribunal refuses to accept the calculation of fair market value of redeemable preference shares based on net worth of the issuing company.
India
12 Oct 2018
16
Signing Ceremony Of The Guide On Mutual Recognition And Enforcement Of Civil And Commercial Judgments In DIFC Courts And Courts In India Between DIFC Courts And Nishith Desai Associates (September 14, 2018) (Video)
Signing Ceremony Of The Guide On Mutual Recognition And Enforcement Of Civil And Commercial Judgments In DIFC Courts And Courts In India Between DIFC Courts And Nishith Desai Associates (September 14, 2018)
India
10 Oct 2018
17
Power Of Courts To Refer Non-Signatories To Arbitration
In the context of foreign-seated arbitrations, the Supreme Court of India has clarified that non-signatories to an agreement may be referred to arbitration in certain circumstances such as in case
India
27 Sep 2018
18
Introduction Of Fresh Evidence For Setting Aside Arbitral Award
The dispute arose between M/s Emkay Global Financial Services Ltd.
India
20 Sep 2018
19
Madras HC Delves Into ‘Group Of Company' Doctrine And Directs Non-Signatories To Arbitration
Relied on the decision of the Supreme Court in Chloro Control and referred the parties to arbitration seated in Singapore.
India
6 Sep 2018
20
The Scope Of Foreign Lawyers And Firms To Practice In India (Bar Council Of India V AK Balaji)
In March 2018, the Indian Supreme Court in Bar Council of India v AK Balaji decided on the scope of foreign lawyers and firms to practice in India.
India
31 Aug 2018
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