Writ jurisdiction not bound by ‘seat’ of arbitration
May 25, 2023Introduction In an arbitration agreement, parties can agree on a 'seat' and 'venue'. The 'seat' in arbitration law refers to…Reasoning’ the award
May 24, 2023“Reason is the soul of justice. Any order passed, whether in the exercise of judicial or administrative powers vested in…Justice, Equity and Lifting of the Corporate Veil
May 22, 2023One of the fundamental principles of company law is the principle of separate legal personality of a corporation. A company…No withdrawal of insolvency after approval of Resolution Plan
February 17, 2023Introduction The Insolvency and Bankruptcy Code, 2016 (Code), in its original form, did not include provisions with respect to withdrawal…Arbitrability of disputes: A new face to the composite approach
February 13, 2023In an international commercial arbitration, there are at least 5 (five) systems of law that have a material bearing on…Arbitration clause in tax invoice is binding
February 9, 2023An arbitration agreement is an agreement between the contracting parties through which disputes that might crop up between the parties…New development: NCLT’s power to direct forensic examination of documents
February 8, 2023Introduction The provisions regarding ‘oppression and mismanagement’[i] in companies under the Companies Act, 2013 (Companies Act) are an integral part…‘Seat’ of arbitration can be determined from the purpose of the contract
January 2, 2023In arbitration, the ‘seat’ mentioned in the arbitration agreement determines the court that would exercise supervisory jurisdiction over the arbitral…Appellate arbitration clauses: a path less travelled
December 14, 2022Introduction In the past decade, the Indian jurisprudence on commercial dispute resolution has undergone a revolution. Indian courts are inclined…New Development: Arbitrability of fraud allegations!
December 12, 2022The adjudication of claims arising out of private civil or commercial arrangements between parties is ordinarily capable of being referred…