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Category:
Disputes
‘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…
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…
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