Leave us a Message

Publication

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

06 May 2021
ARBITRATOR’s DECISION ON THE JURISDICTION, CAN BE CHALLANGED ONLY ALONG WITH THE FINAL AWARD
Article )

Supreme Court of India while dealing with the case of Deep Industries, held that an order passed by allowing or dismissing an application filed under Section.16 of the Arbitration and Conciliation Act,1996 (Herein after “The Act”) cannot be challenged under Article 227 of the Constitution of India and the said order must wait for the final award and then both can be challenged under S.34 of the Act.

 
26 Apr 2021
TWO INDIAN COMPANIES CAN RESOLVE THEIR DISPUTES BY WAY OF A FOREIGN SEATED ARBITRATION
Article )

The Supreme court of India in its recent judgment, in the matter of PASL Wind Solutions delivered on 20th April 2021, held that two or more Indian parties can resort to a foreign seated arbitration to resolve their disputes and further held that an award that arose out of the foreign seated arbitration can be enforced in India under New York Convention on recognition and enforcement of foreign awards.

 
12 Apr 2021
Dispute arising out of an Arbitration settlement must go for Arbitration
Article )

The Supreme Court of India vide its Judgment dated April 8, 2021, while disposing of an appeal arising out of an application seeking to appoint an arbitrator under section 11(5) and (6) of the Arbitration and Conciliation Act 1996, held that any dispute arising out of a frustrated settlement from an arbitration must go for arbitration.