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Category:
Disputes
Enhanced powers of courts at pre-referral stage – a new trend!
July 26, 2023
Introduction One of the key objectives of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is expeditious disposal of commercial…
Evolving jurisprudence of homebuyers under the Insolvency and Bankruptcy Code, 2016
July 25, 2023
Introduction A booming population, growing income and rapid urbanization has made India one of the fastest-growing major economies of this…
NCLT and the Power to Recall
July 18, 2023
Review and recall are two crucial legal mechanisms that safeguard the principles of fairness and justice within a judicial system.…
Arbitrability of Trademark Disputes
June 5, 2023
Introduction Arbitration has evolved over the last few years as a preferred mode for resolving commercial disputes. In general, arbitral…
Insufficiently stamped agreement and the defeat of arbitration!
May 26, 2023
Introduction Expeditious and efficacious dispute resolution is essential for creating a business-friendly environment. In its 246th Report, the Law Commission…
Writ jurisdiction not bound by ‘seat’ of arbitration
May 25, 2023
Introduction 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, 2023
One 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, 2023
Introduction 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, 2023
In an international commercial arbitration, there are at least 5 (five) systems of law that have a material bearing on…
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