The festive month of November revolved around some of the major matters before the Supreme Court. The Top Court gave guidelines for streamlining adoption process and expeditious disposal of criminal cases. The roundup covers the top stories for the month along with the segment of Never Reported Judgments and Know Thy Judge.
The International Chamber of Commerce is organizing 6th ICC India Arbitration Day on 2-12-2023 while celebrating the Centenary of the ICC International
The 4th edition of the conference will be held in New Delhi from 8th to 10th December, 2023
The procurement of LNG may become onerous as had happened in August and December 2022 but no irreparable loss and injury would result to the ArcelorMittal Nippon Steel.
Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.
Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.
“The credibility of the evidence is the evidence of the credibility of claim for loss of profit”.
by Vasanth Rajasekaran* and Harshvardhan Korada**
“The Court failed to appreciate as to how the position, where not only does the respondent had the power to unilaterally appoint two out of the three arbitrators and compelled the petitioner to choose one of the panels of five arbitrators can be said to meet the test of ‘counter balancing’.”
Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.
The Mumbai Centre for International Arbitration is going to conduct Tribunal Secretary Training Program 2023 at Mumbai and Delhi.
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”
“As per Clause 31.16 of Letter of Intent between parties, place of arbitration was Faridabad (Haryana), which will be chosen as the seat, since seat has not been separately named and there are no other contrary indicia to show that place of arbitration is not intended to be seat of arbitration.”
Attorney General for India makes an announcement for creating the All-India Arbitration Bar.
Calcutta High Court allowed Section 34 application of the railways and directed that the Court hearing Section 34 application should not be guided by any remarks made by the Judge in the impugned order.
Allahabad High Court said that negative onus cannot be fastened upon the petitioners as alleged by the Corporation, as it is not in dispute that at the time of survey, the dispensing unit was not in working condition or it was not dispensing oil.
At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
A quick legal roundup to cover important stories from all High Courts this week.
The Nani Palkhivala Arbitration Centre (‘NPAC’) conducted 14th Annual International Conference 2023 on ‘Recent Advances and Developments in Global Arbitration’ on September