Judicial Developments under the MSMED Act: A Quarterly Digest (January-March 2025)
by Milind Sharma*, Abhisaar Bairagi** and Ausaf Ayyub***
Arbitration
Non-issue of notice to certain parties under S. 21 of A&C Act does not strip the Arbitral Tribunal of its jurisdiction to implead: SC
“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.
IIAC partners with Manipal Law School, Bengaluru for launch of Online Arbitration Workshop for Professionals
The workshop is scheduled from April 18 to 22, 2025. It will provide participants with hands-on experience in arbitration proceedings, focusing on advocacy techniques and award drafting.
HIGH COURT MARCH 2025 WEEKLY ROUNDUP | Stories on Lawrence Bishnoi Gang; Corruption case against Judges; Jagjit Singh Dallewal; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘No agreement on choice of appointing authority’; SC directs parties to approach Secretary General of Permanent Court of Arbitration
While considering the petition, the Court took note of Article 6 of United Nations Commission on International Trade Law Arbitration (UNCITRAL) Rules, 2021 which deal with “Designating and appointing authorities”.
Justice Madan B. Lokur awards Anand Desai with the Capital Foundation Society National Award
The Capital Foundation National Awards ceremony, held at the Constitution Club, New Delhi, recognized legal luminaries for their exceptional contributions to the legal profession.
Year in Review 2024: Key Arbitration Pronouncements
by Arpit Kumar Singh*, Aseem Chaturvedi** and Amaan Khan***
“Let us move towards difference settlement from dispute resolution” says Vice President Jagdeep Dhankhar at IIAC Colloquium
This report contains the keynote address by Vice President Jagdeep Dhankhar as Chief Guest at the Colloquium organised by India International Arbitration Centre (IIAC) at Bharat Mandapam in New Delhi.
‘Migrated Gas’ extraction by Reliance Industries violated Public Trust Doctrine; Delhi High Court sets aside arbitral award
RIL has extracted the ‘Migrated Gas’, however, the said extraction/ exploration of the ‘Migrated Gas’ without any ‘explicit and express permission’ cannot be said to have been in ‘most efficient manner for betterment of the Union’, which did not belong to it and which did not entitle them to reaping any profits therefrom.
Delhi HC appoints Justice Arvind Sangwan as sole arbitrator in a petition filed by Dixon Technologies
The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.
Merely because arbitrator was appointed by Orissa HC is no ground for Ranchi Court to not have jurisdiction: Jharkhand HC sets aside order dismissing S.34 arbitration application
The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Marital Rape; Peter England’s Trade mark; Maggie; MP Abdul Rashid’s parole; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Delhi Riots; Bar Association Elections; Fake Anti-Cancer Drug; NOVARTIS Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Khadi’s Device Mark; Police Protection for Live-In Couples; Wonderchef’s Reputation; and more
A quick legal roundup to cover important stories from all High Courts this week.
Simply because application to refer parties to arbitration is rejected, right to file written statement cannot be forfeited on same date: Andhra Pradesh HC
The High Court held that the Trial Court ought to have passed separate order, in accordance with law, considering the provisions related to filing of the written statement and its forfeiture, also, keeping a view that the procedural law is handmaid of justice and the Court has the power to extend the time for filing of the written statement in the facts and circumstances of each and every case.
Crafting a Lasting Legacy in ADR and Legal Aid, Justice Hrishikesh Roy, retires
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid.
SC 5-Judge Bench to decide if writ under Art. 226 would be maintainable against an order passed by Micro and Small Enterprises Facilitation Council
The Court took note of the conflicting Division Bench decisions regarding whether a writ petition could be entertained against any order/award of the MSEFC, and whether there is complete prohibition on maintainability of the writ petition before the High Court.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Neeraj Bawania’s Bail; Rupali Ganguli’s Defamation Case; Mahindra Trademark Dispute; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Mediation: A Critical Tool for Commercial Dispute Resolution’; ICA launches the ICA Rules of Commercial Mediation
On 14-01-2025, the Indian Council of Arbitration (‘ICA’) launched its Rules of Commercial Mediation in a symposium titled ‘Mediation: A Critical Tool for Commercial Dispute Resolution’.
‘India has genius of devising a working system where self-executing contract can probably lead to minimal adjudication’: AGI Venkataramani at PHDCCI’s Conference
In association with ProUltimus Consulting, PHD Chamber of Commerce and Industry (PHDCCI) organised the conference on ‘Dispute Resolution & Arbitration Norms for Construction & Infrastructure Sectors’.