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14 May 2022
No need for a written arbitration clause for appointing arbitrator by consent of Parties – Supreme Court of India
Article )

In Swadesh Kumar Agarwal case decided on 5th May 2022, Supreme Court of India ruled that there is no requirement of a written arbitration agreement between the parties,

 
16 Apr 2022
Law relating to abandonment of contract by Contractors
Article )

Supreme Court of India in its recent Judgment that was pronounced on 31st March 2022 in the matter of Shripati Lakhu Mane case settled the law relating to the usual allegation of employers against the contractor that the contractor abandoned the contract and ran away despite the fact that there were lapses on the Employer, that resulted in stoppage of the work.

 
22 Jan 2022
Ineligible Arbitrator can be challenged even in Pre- 2015 cases and at any point of time
Article )

Supreme Court of India in its recent Judgment dated 04th January 2022 pronounced by the bench consisting of Hon’ble Justices Mr M.R.Shah and Mrs Nagarathna in the case of Ellora Paper Mills held that the mandate of the arbitrator can be challenged at any point of time during the proceedings, in view of Section 12(5) read with Seventh Schedule of the 1996 Act.

 
25 Nov 2021
Extension of Time clauses in a contract destroy the sustainability of Liquidated Damages – Supreme Court of India
Article )

The Hon’ble Supreme Court of India Bench consisting of Justice Mr NV Ramana and Justice Surya Kant brought in a lot of clarity to the connection between Liquidated Damages and the concept of ‘Time is the essence of the contract’ by a very well written Judgment (written by Hon’ble Chief Justice N V Ramana) in the matter of Welspun Specialty Solutions case.

18 Oct 2021
BRIEF ANALYSIS ON THE APPLICABILITY OF LIMITATION ACT AT VARIOUS STAGES OF AN ARBITRAL PROCEEDING BEFORE THE COURT IN INDIA
Article )

The applicability of the Limitation Act, 1963 (hereinafter referred to as ‘Limitation Act’) as applicable to the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Arbitration Act’) has brought with it many complexities.

12 Oct 2021
EMERGENCY ARBITRATOR IN INDIAN SCENARIO
Article )

The concept of Emergency Arbitration and Emergency Arbitrator is gradually finding acceptance in the Indian Jurisprudence. While many countries have already incorporated this in their arbitral procedure and rules, India also is not behind in coming forward and acknowledging its presence in the Indian Arbitration Act.

27 Sep 2021
Arbitrability of Insolvency disputes The Prespective of The Supreme Court of India
Article )

The article provides a summary of the Judgement passed by the Hon’ble Supreme Court of Indian in Indus Biotech Private limited v. Kotak India venture fund  wherein the court has discussed that whether an Application filed under Section 8 of the Arbitration and Conciliation Act , 1996 be maintainable if a petition under Section 7 of the Insolvency and Bankruptcy code is pending?

 
26 Aug 2021
SUPREME COURT OF INDIA RECOGNISES ENFORCEMENT OF EMERGENCY ARBITRATOR AWARD
Article )

Prior to 2010, if a party to an international arbitration requires to get an interim order, prior to formation of the arbitral tribunal, it was left with no other option other than approaching the appropriate National Court of the Respondent or the National Court having the jurisdiction over the subject matter covered under the application for interim order.

02 Jul 2021
LIMITATION APPLIES TO RECOVERY PROCEEDINGS UNDER MSMED ACT
Article )

In a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport Corporation & Anr, the Hon’ble Apex court of our country delved into the issue as to whether the provisions of Indian Limitation ActIn a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport Corporation & Anr, the Hon’ble Apex court of our country delved into the issue as to whether the provisions of Indian Limitation Act

02 Jul 2021
LIMITATION APPLIES TO RECOVERY PROCEEDINGS UNDER MSMED ACT
Article )

In a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport Corporation & Anr, the Hon’ble Apex court of our country delved into the issue as to whether the provisions of Indian Limitation ActIn a recently delivered judgment of M/s Silpi Industries etc. vs. Kerala State Road Transport Corporation & Anr, the Hon’ble Apex court of our country delved into the issue as to whether the provisions of Indian Limitation Act