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Category:
Disputes
Arbitration clause in tax invoice is binding
February 9, 2023
An 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, 2023
Introduction 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, 2023
In 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, 2022
Introduction 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, 2022
The adjudication of claims arising out of private civil or commercial arrangements between parties is ordinarily capable of being referred…
Suits and exemption from mandatory pre-institution mediation
December 2, 2022
Introduction Section 12A of the Commercial Courts Act, 2015 (Act) mandates pre-institution mediation in case of a commercial suit above…
Resolving the Conundrum Between the MSMED Act, 2006 and the Arbitration and Conciliation Act, 1996
November 17, 2022
Introduction The Micro, Small, and Medium Enterprises Development Act, 2006 (MSMED Act) was enacted to ensure timely and smooth flow…
CPC not applicable for granting interim reliefs under Arbitration Act
November 8, 2022
In India, procedural law relating to civil and commercial disputes is governed by the Code of Civil Procedure, 1908 (CPC).…
Supreme Court on mandatory mediation in the era of docket explosion
November 4, 2022
Commercial and contractual disputes in India have arisen multifold with the steady increase in commerce and investment. Given the complex…
Supreme Court rejigs priority of tax dues under IBC
October 11, 2022
The Insolvency & Bankruptcy Code, 2016 (Code) provides a structure for realisation of debts owed to the creditors in the…
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