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On 3-7-2023, the Securities and Exchange Board of India (‘SEBI’) notified the Securities and Exchange Board of India (Alternative Dispute Resolution Mechanism) (Amendment) Regulations, 2023
The ineligibility of an Arbitrator goes to the root of his jurisdiction and the Arbitral Award cannot be considered as valid.
Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.
Supreme Court refused to give effect to the appointment of an officer of the Ministry of Law and Justice as an arbitrator.
Corporate Legal Services team of Oil and Natural Gas Corporation (‘ONGC’) organised a legal workshop on “Mediation & Conciliation as ADR: PSUs
Justice R.D. Dhanuka, whose appointment as the Chief Justice of Bombay High Court was notified on 26-05-2023, retires today after a very short tenure of 3 days!
The Indian Arbitration Leadership Roundtable organized by the India International Arbitration Centre (IIAC) witnessed in-depth discussion over various important facets of Institutional Arbitration.
Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.
The impugned judgment was based on an undertaking agreed between the parties wherein Cinema Ventures were to pay the default amount, failing which the right to walk, take over and run the cinema hall will be owned by Dart Properties Private Limited.
“The MSMED Act of 2006 is a special statute as it was specifically enacted for facilitating the promotion and development of micro, small and medium Enterprises and enhancing their competitiveness.”
The Court opined that the mere potential or presence of criminal proceedings deriving from the same circumstances would not exclude the issue from being resolved through arbitration.
Delhi High Court granted liberty to the petitioner to file a fresh legal action for the same relief once the moratorium is lifted or varied.
Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.
Upholding the Telangana High Court judgment, the Supreme Court held that the law prevailing prior to the Arbitration and Conciliation (Amendment) Act, 2015 shall be applicable in a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015.
Delhi High Court observed that that the Sole Arbitrator was well within its jurisdiction to declare the Agreement dated 23-03-2001 as determinable agreement in view of the statement of claim of the respondent and Terms of the said Agreement.
India has emerged as one of the fastest-growing economies in the past few years. This has spurred a great deal of interest
Section 52 of the Transfer of Property Act is an expression of the principle “pending a litigation nothing new should be introduced”. It provides that pendente lite, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his appointment
Even if the Arbitrator is successful in justifying his reasons for deciding a rate of interest, the Agreement between the parties being the birth-giver, should be held at a higher stature when it concerns an issue that has been pre-decided and mutually agreed upon by the parties.
The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’