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Former CJI launches new arbitration guide
A partner at Kachwaha & Partners, launched his book Principles of Law of Arbitration in India at New Delhi’s Hotel Imperial last month. The author, Dharmendra Rautray, said the book takes readers “through different...
RERA – Regulation rules over arbitration?
The Real Estate (Regulation and Development) Act, 2016 (RERA), was enacted with the objective of ensuring transparency and efficiency in real estate transactions and to establish a mechanism for speedy adjudication of disputes. The...
Prior notice: A precondition to challenge arbitral awards?
The 246th report of the Law Commission of India, dealing with delay in arbitration, recommended numerous changes to the Arbitration and Conciliation Act, 1996. One cause of delay was that “challenges to arbitration awards...
Parliament: the monsoon session
Continuing our regular coverage of India’s parliamentary sessions, Mandira Kala and Roopal Suhag assess key commercial bills that were debated and passed during the recent session
The monsoon session of parliament in 2018 marked the...
Promoter-investor disputes may be solved by mediation
Startups, early-stage and even growth-stage companies seek investors with capital, experience and connections to help fuel their business, while investors hope for an exit with fabulous returns. Private equity funds have a finite life...
Decision marks another step widening the arbitration net
In Ameet Lalchand Shah & Ors v Rishabh Enterprises & Anr, the Supreme Court has taken one more step to widen the net of arbitration and avoid litigation.
The transaction in dispute involved a solar...
Reference to repealed act does not invalidate agreement
The Supreme Court recently addressed the issue of whether, in an agreement signed after the Arbitration and Conciliation Act, 1996, came into force, a reference to arbitration under the Arbitration Act, 1940, is a...
Ordinance marks overhaul of Commercial Courts Act
Companies with business interests in India need to analyse and evaluate their approach to dealing with mercantile disputes in the wake of amendments by way of an ordinance dated 3 May in the Commercial...
Amendments spur renewal of interest in arbitration
When domestic and international commercial disputes arise, arbitration and other alternative dispute resolution (ADR) mechanisms offer many advantages over litigation in civil courts. Under the Arbitration Act, 1940, courts were allowed to interfere at...
Stress test
The battle between Vodafone and the government serves as a pressure gauge for the courts in investment treaty disputes. Rebecca Abraham reports on recent developments
The collapse of the Dabhol power project in 2001 resulted...
Combating cybersquatting menace to virtual existence
“Cybersquatting” was succinctly defined by Delhi High Court (in Manish Vij v Indra Chugh) as “obtaining fraudulent registration with an intent to sell the domain name to its lawful owner at a premium”. This...
Jurisdiction issue solved for executing arbitral awards
In a distinct departure from the erstwhile Arbitration Act, 1940, section 36 of the Arbitration and Conciliation Act, 1996, enables execution of an arbitral award “in the same manner as if it were a...
Keeping world order
In an interview with India Business Law Journal, Miguel de Serpa Soares, Under-secretary-general for legal affairs and United Nations legal counsel, talks to John Church about his legal team and the crucial work being...
Arbitration clause does not bar filing complaints
In M/S Emaar MGF Land & Anr v Aftab Singh, the Supreme Court dismissed an appeal where the National Consumer Dispute Redressal Commission (NCDRC) held that an arbitration clause in buyers’ agreements does not circumscribe...
Heirs of deceased partners can invoke arbitration clause
In Jyoti Gupta v Kewalsons & Ors, Delhi High Court held that where an arbitration agreement refers to a dispute between “partners”, it does not prevent or take away the right of enforcement of...
Supreme court interprets scope of work for foreign lawyers
In Bar Council of India v A K Balaji & Ors, the Supreme Court interpreted the expression “practise the profession of law” in the Advocates Act, 1961, which applies to foreign lawyers practising foreign law...
Has enforcement of awards been put on the fast track in India?
Effective 15 October 2015 section 36 of the Arbitration and Conciliation Act, 1996, was amended such that an arbitral award may be enforced even though a challenge to the award is pending unless the...
Will an arbitration clause exclude a consumer forum?
Persons and companies who claim to be “consumers” of goods or services (such as real estate, insurance, etc.) can approach the National Consumer Disputes Redressal Commission (NCDRC). Indian courts have held that companies can...
Flat owners, association are separate entities
Delhi High Court in a recent judgment held that arbitration could not be invoked against a party that is not part of the arbitration agreement. The court observed that because members of a registered...
Clarity on arbitral awards’ jurisdiction
Following conflicting judgments passed by several high courts, the Supreme Court ruled that an arbitral award can be executed anywhere in the country where the judgment debtor’s assets are located. The ruling clarifies that...
Objection in written statement can serve as arbitration application
Delhi High Court held that a party invoking an arbitration clause is not required to file a formal application specifically asking for reference of the dispute to arbitration as long as it raises an...
Laws in conflict
Bharat Vasani explores the legislative gap between the arbitration act and foreign exchange regulations by examining key judgments on enforcement applications
India is one of the few countries that still has exchange controls and does...
Observance of mediation clause not mandatory
Delhi High Court recently held that it is not mandatory to follow an agreed upon mediation clause and reversed the judgment of a district court.
In HCL Learning Ltd v Oriental Fairfield School, para 13(a) of...
Arbitration tribunal able to recall termination order
The Supreme Court recently decided on an arbitral tribunal’s ability to recall its order terminating arbitration proceedings on account of non-filing of claim by the claimant.
In SREI Infrastructure Finance Limited v Tuff Drilling Private...
Contract cancellation can forfeit performance guarantee amount
Delhi High Court recently dismissed an appeal filed under section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of the district court, where objections filed by the appellant under section 34...
Violation of tribunal’s orders can lead to contempt proceedings
The Supreme Court recently held that an arbitral tribunal can make representation to a high court for contempt if any of its orders or interim orders are violated.
In Alka Chandewar v Shamshul Israr Khan,...
Employees can act as arbitrators
The Supreme Court reversed a judgment passed by Delhi High Court, which set aside the appointment of the arbitrator and directed appellant Aravali Power Company to suggest names of three panel arbitrators from different...
India: Open for business?
After much debate and anticipation, the liberalization of the legal sector now seems imminent. Gautam Kagalwala speaks to lawyers about the arrival of foreign firms and other key developments affecting the state of play...
Ex-promoter to continue arbitration with SpiceJet
The Supreme Court has rejected an appeal by SpiceJet against an order requiring it to deposit cash and a bank guarantee totalling ₹5.79 billion (US$90.1 million) in court in connection with a share transfer...
Employees’ power to act as and nominate arbitrators
Bombay High Court in DBM Geotechnics & Constructions Pvt Ltd v Bharat Petroleum Corporation Ltd recently considered how the bar on the appointment of a party’s employees as arbitrators is to be interpreted, in...
Acceptance of payment does not imply resolution of disputes
Delhi High Court recently held that merely the fact that a contractor accepts payment from the employer for the work done does not mean that all disputes between them had ended.
In Union of India...
Ineligible arbitrator loses the ability to nominate another
The Supreme Court recently held that an arbitrator who becomes ineligible to be appointed as an arbitrator by operation of law also loses the power to nominate another person as an arbitrator, even if...
Cruz City ruling: ‘Option’ for downside protection
Delhi High Court in its recent decision in Cruz City v Unitech rejected Unitech’s objections to enforcement of an arbitral award. The dispute related to the put option exercised by Cruz City obligating Unitech...
Interim orders available only if claim can be specifically enforced
Bombay High Court recently held that no interim order can be passed by a court or an arbitrator under sections 9 and 17 of the Arbitration and Conciliation Act, 1996, where specific performance of...
‘Dispute’ meaning settled for corporate insolvency cases
The National Company Law Appellate Tribunal (NCLAT), in Kirusa Software Pvt Ltd v Mobilox Innovations Pvt Ltd, has finally decided the scope of the term “dispute” under section 9 of the Insolvency and Bankruptcy...
Court’s power to appoint arbitral tribunal detailed
The Supreme Court in Union of India v Besco Ltd answered the questions of whether the chief justice of a high court or any person or institution designated by the chief justice, while exercising...
Courts may deviate from clause stipulating arbitrator
The Supreme Court recently considered whether the chief justice of a high court or any person or institution designated by the chief justice, while exercising power under section 11(6) of the Arbitration and Conciliation...
Seat determines which court can regulate proceedings
In a recent appeal against a judgment of Delhi High Court, the Supreme Court decided that when the seat of arbitration was Mumbai, a clause stating that the courts at Mumbai alone would have...
Competing interests
Will India ever permit the arbitration of competition law matters? Nihal Dsouza and Johannes Ungerer examine the issues
At first glance arbitration and competition law have little in common. Historically, these two branches of law have largely developed without...
Altering realities
The more things change, the more they remain the same
While cynics have long drawn strength from the truism in this old French saying, many would see it as an apt description of attempts to...
Notice required prior to referral of disputes
Delhi High Court recently held that prior notice under section 21 of the Arbitration and Conciliation Act, 1996, is mandatory before referral of disputes to arbitration and without such notice, arbitration proceedings that are...
Arbitral tribunal’s amended power to appoint a receiver
Bombay High Court, in M/s Shakti International Private Limited v M/s Excel Metal Processors Private Limited, recently analysed the scope of the arbitral tribunal’s powers under section 17 of the Arbitration and Conciliation Act,...
Vibrant dispute resolution key to inspiring confidence
A strong legal framework to ensure the timely resolution of commercial disputes will help attract foreign investments in India. Commercial disputes in India can be resolved either through litigation or alternative dispute resolution (ADR)...
Is the budget a bellwether or a Cassandra for reforms?
With the last throes of the demonetization saga closely nipping at the government’s heels, much theatre and fanfare accompanied the introduction of its 2017-18 budget. Tension was heightened as the union budget was merged...
Fresh start
Is institutional arbitration finally going to make an impact in India? Sourish Mohan Mitra reports
Gurgaon, home to the Indian operations of half of the Fortune 500 companies, may soon also become home to an...
Civil suit application does not preclude arbitration
The Supreme Court recently considered whether a high court was right in rejecting the application under section 5 read with section 8 of the Arbitration and Conciliation Act, 1996, to have the dispute referred...
Duty to appoint independent arbitrators explained
In a recent judgment on whether a clause providing for appointment of arbitrators from a panel of arbitrators was contrary to section 12 of the Arbitration and Conciliation Act, 1996, as amended in 2015,...
Supreme Court validates two-tier arbitration process
A three-judge bench of the Supreme Court has upheld the validity of a two-tier arbitration procedure in India. This issue was referred to a larger bench owing to a split decision of a two-judge...
Enforcement of arbitral awards clarified
Delhi High Court has held that a challenge to the enforcement of an arbitral award in a case where arbitration proceedings commenced prior to 23 October 2015 would be governed by the unamended Arbitration...
Two-tier procedure permissible
Athree-judge bench of the Supreme Court recently held that settlement of disputes or differences through a two-tier arbitration procedure between the parties is permissible under Indian law.
In M/s Centrotrade Minerals & Metal Inc v Hindustan...
India in 2017
Four in-house counsel, a mediation specialist and partners at three law firms share their views on the developments that are likely to shape India’s business and legal climate in the coming year.
Privacy, data protection and...
Mere allegation of fraud does not rule out arbitration
Allowing an appeal in A Ayyasamy v A Paramasivam & Ors, the Supreme Court recently held that where there are simple allegations of fraud touching upon a party’s internal affairs, and there is no...
Asian ambition
João Ribeiro has built the United Nations Commission on International Trade Law’s regional centre for Asia and the Pacific from an ambitious pilot scheme into a respected institution, assisting nations in developing sound legal...
One step forward, half a step back
Has a lot changed since India amended its arbitration law?
Rebecca Abraham investigates
Nearly a year after amendments to the Arbitration and Conciliation Act, 1996, came into force, courts across India continue to grapple with questions about...
Disputes arising out of a trust deed not arbitrable
The Supreme Court in its recent judgment in Vimal Kishor Shah & Ors v Jayesh Dinesh Shah & Ors held that disputes relating to trusts, trustees and beneficiaries arising out of the trust deed...
Resolvable clash?
The Tata-Docomo case highlights the conflict between party autonomy and public policy in international commercial arbitration
Priyanka Dasgupta explains
Although international commercial arbitration is increasingly popular as a means of dispute resolution in cross-border transactions, there continue to...
Trust disputes are not arbitrable in India
Allowing an appeal in Shri Vimal Shah & Ors v Mr Jayesh Dinesh Shah & Ors, the Supreme Court has held that disputes relating to trusts, trustees and beneficiaries arising out of the trust deed and...
Supreme court rules on matters pertaining to agreement
In a key judgment in Velugubanti Hari Babu v Parvathini Narasimha Rao & Anr, the Supreme Court has held that where in proceedings before the high court under section 11 of the Arbitration and...
Copyright infringement claims are arbitrable
Bombay High Court, while adjudicating an application filed under section 8 of the Arbitration and Conciliation Act, 1996, in Eros International Media Limited v Telemax Links India Pvt Ltd, has held that intellectual property...
Oppression and mismanagement not for arbitrator
Dismissing a petition in Apex Frp Chemicals Private Limited and Anr v Om Prakash Gupta and Ors, Delhi High Court recently held that issues of oppression and mismanagement relating to a company cannot be...
Redistributing risks
As a fresh model emerges for developing India’s highways, Rebecca Abraham uses a hypothetical case study to assess what’s new
India’s infrastructure needs are well documented. While some of these are being addressed, the challenges...
Revamp of Supreme Court to trim backlog and costs
India’s Law Commission in its 229th Report noted the dire need to reduce the alarming backlog of cases in the Supreme Court as well as the spiralling costs of litigation for those living far...
Sweeping changes alter arbitration framework
The Arbitration and Conciliation (Amendment) Ordinance, 2015, which substantially amends the provisions of the Arbitration and Conciliation Act, 1996, received presidential assent on 23 October 2015. It was notified in the form of the Arbitration...
Deals of the Year 2015
Deals of the year 2022
Deals of the year 2021
Deals of the year 2020
Deals of the year 2019
Deals of the year 2018
Deals of the year 2017
Deals of the year 2016
Deals of...
Back to the drawing board
Dispute resolution strategies for India need a rethink in the wake of changes to the arbitration regime
Naresh Thacker and Sumit Rai explain
Indian businesses have traditionally been trigger happy when it comes to commercial disputes. They...
India in 2016
Four in-house counsel and the president of the Society of Indian Law Firms share their views on the developments that are likely to shape India's business and legal climate in the coming year.
The international...
Out with the old, in with the new
From road congestion to courtroom backlogs, fresh ideas are afoot to get India moving
While 2015 was dominated by doubts over the abilities of India’s policy makers to effect meaningful change, the new year comes with...
Indian parties may opt for foreign-seated arbitrations
The Supreme Court in TDM Infrastructure Private Limited v UE Development India Private Limited (2008) laid down that the legislature’s intention was to not permit Indian nationals to derogate from Indian law, as doing...
Two Indian parties are allowed to seat arbitration abroad
In Sasan Power Limited v North America Coal Corporation India Pvt Ltd, Madhya Pradesh High Court held that an arbitration agreement “cannot be termed as null and void or incapable only because the parties chose to...
Arbitration clauses: do’s and don’ts
Be specific when drafting an arbitration clause, says Chan Leng Sun, SC, at Baker & McKenzie
Drafting a valid arbitration clause is not rocket science. Many arbitral institutions offer sample model clauses – short but...
Breaking bottlenecks
Can disputes in India be resolved without getting bogged down in drawn-out court cases or troublesome arbitrations? Rebecca Abraham chairs an online roundtable to find out
India Business Law Journalrecently held an online roundtable to find out...
Externalization: Can the government halt the trend?
Externalization is the strategy of incorporating holding companies in offshore jurisdictions for tax optimization and operational stability.
With India’s growth story gaining significant traction in the international marketplace, the prospect of Indian entities setting up...
Two Indian parties cannot choose seat outside India
In M/s Addhar Mercantile Private Limited v Shree Jagdamba Agrico Exports Pvt Ltd, Bombay High Court recently ruled that arbitration between two Indian parties “has to be conducted in India” and that under section...
Bill offers new lease of life for arbitration in India
On 26 August, India’s cabinet announced it had approved the Arbitration and Conciliation Bill, 2015, which appears to reflect suggestions and amendments proposed by the Law Commission in its reports of August 2014 and...
Seat not venue or parties’ agreement gives jurisdiction
In PCP International Limited v Lanco Infratech Ltd, Delhi High Court recently held that parties engaged in arbitration cannot agree to confer jurisdiction on a court that otherwise has no jurisdiction, and that only...
Supervisory jurisdiction over arbitration upheld
Dismissing an appeal in NHPC Limited v Hindustan Construction Company Limited, Delhi High Court held that it had jurisdiction to rule on a petition under section 9 of the Arbitration and Conciliation Act, 1996,...
Arbitration clause survives even if MoU bears no fruit
In a recent decision, the Supreme Court has reiterated the independence of an arbitration clause from the underlying contract and the principle of separability, by ruling that regardless of whether a memorandum of understanding...
Arbitration clause survives after termination of MoU
Allowing an appeal in Ashapura Mine-Chem Ltd v Gujarat Mineral Development Corporation, the Supreme Court held that when a memorandum of understanding (MoU) contains an arbitration clause, parties to the MoU can refer to...
Arbitration refused due to vagueness of terms in clause
In System for International Agencies v Rahul Coach Builders Pvt Ltd, a single judge of the Supreme Court rejected a petition to appoint an arbitrator, holding that the arbitration clause in the sales contract...
Jurisdiction in section 8 applications
Ruling in M/S Sundaram Finance Ltd and another v T Thankam, the Supreme Court recently held that when an application is filed under section 8 of the Arbitration and Conciliation Act, 1996, the approach...
Threshold for grant of an anti-arbitration injunction
Delhi High Court in its recent judgment in Vikram Bakshi & Anr v McDonald’s India Pvt Ltd & Ors has set a threshold to be met before grant of an anti-arbitration injunction. Although there...
Government amends act for speedy arbitration
The government, by an ordinance dated 30 December 2014, has amended the Arbitration and Conciliation Act, 1996. Some of the changes introduced by the ordinance are outlined below.
The arbitral tribunal must make its...
India in 2015
Six prominent figures from India’s in-house counsel community share their views on the legal developments that will shape domestic and international business in the coming year
The Indian economy is expected to witness accelerated growth...
Non-signatories can be bound by agreement
In Rakesh S Kathotia & Anr v Milton Global Ltd & Ors, a division bench of Bombay High Court held that group entities that are not signatories to an arbitration agreement may be made...
Western Geco: One step forward or two steps back?
Parliament, through the incorporation of article 34 of the draft UNCITRAL Model Law on International Commercial Arbitration into section 34 of the Arbitration and Conciliation Act, 1996, laudably endeavoured to minimize court intervention in...
Fighting it out
Pravin Anand and Nishchal Anand evaluate IP dispute resolution processes in India
Litigation has proven to be the most effective tool to combat trademark and copyright infringement in India. In fact, matters of counterfeiting and...
Papering over the cracks
Moves to ensure that India’s arbitration law is fit for purpose have grabbed the attention of the dispute resolution community. Rebecca Abraham reports
The Law Commission’s 246th report, published in August, baldly states that litigating in...
Mismanagement petition beyond scope of tribunal
Can disputes before the Company Law Board (CLB) in proceedings for oppression and mismanagement, under sections 397-398 and 402 of the Companies Act, 1956, be referred to arbitration?
In Rakesh Malhotra v Rajinder Malhotra, Bombay...
Second guessing economic growth
Policy makers working to stimulate growth should first understand what it is that’s keeping investors away
Is manufacturing experiencing slow growth because of the high risks involved, or is it that companies are moving away...
Does the listing agreement require disclosure of a raid?
A predicament that often faces listed companies in India is the timing and extent of disclosure of adverse information. The intent of a “disclosure-based” regime is to enable shareholders and the public to appraise a...
High technology in India endangered by judicial interference
Amit Thukral discusses why judicial interference in matters of high technology may endanger development and progress
The Indian state has adopted what can best be described as an Orwellian approach to the advent of technology....
Case clarifies limitation in arbitration counter-claims
A Supreme Court judgment on 14 February, in the case of Voltas Ltd v Rolta India Ltd, has clarified the position of law with respect to the issue of limitation in filing a counter-claim...
Section 8 application held not necessary
Ruling in Sharad P Jagtiani v Edelweiss Securities Limited, Delhi High Court held that section 8 of the Arbitration and Conciliation Act, 1996, merely requires a party to an action before a judicial authority...
Misrepresentation and due diligence: The HSBC case
Private equity investments in India are relatively recent when compared with more developed or economically liberalized countries. While Indian legal practitioners have based their investment agreement precedents on the forms typically used in Western...
Light shed on foreign facets of due debt and arbitration
While deciding a petition for winding up of Coastal Marine Construction & Engineering, brought by Marine Geotechnics, Bombay High Court considered the question of whether a foreign decree of a court in a non-reciprocating...
A narrow interpretation
Delhi High Court has violated the spirit of judicial non-intervention and curbed the powers of arbitral tribunals in a recent judgment, argues Palash Gupta
The recent Delhi High Court judgment in Intertoll ICS Cecons &...
Fraud allegations do not rule out foreign arbitration
Allowing an appeal in World Sport Group (Mauritius) Ltd v MSM Satellite (Singapore) Pte Ltd, the Supreme Court recently held that in the case of arbitrations covered by the New York Convention an “arbitration...
In pursuit of gender equality
Are tweaks to the law enough to achieve parity in the workplace?
The issue of gender equality is being forced up the corporate agenda in India, not least by the new Companies Act, which makes...
Some recent developments in case law and legislation
Two Supreme Court decisions and some issues arising from the Companies Act, 2013, are outlined below.
Developers win battle
In the case of Godrej & Boyce Mfg Co Ltd & Anr v State of Maharashtra, the...
Banking on the courts
Case law shows that seeking and granting injunctions to delay the payment of bank guarantees is usually unjustified. By VN Paranjape
In the era of business, trade and commerce, most commercial entities rely on financial...
India in 2014
In-house lawyers from nine companies and a senior advocate foretell the challenges and opportunities that lie in store for India-focused general counsel
I hope that 2014 will herald a period of calm following the volatility...
Delay in re-filing can be condoned beyond time limit
The issue of a delay in re-filing an application under section 34 of the Arbitration and Conciliation Act, 1996, for setting aside an award arose recently in the case of Delhi Development Authority v...
Acceptance of institution’s rules binding on parties
Delhi High Court has held that parties to a contract relying on an institution’s arbitration rules to their advantage are estopped from pleading that the rules are inapplicable for any other purpose.
In Transair &...
Amend the arbitration act
Dear Editor,
I have just read the November issue of India Business Law Journal, which was sent to me by a friend. The magazine is great and has a wonderful look. The articles are short...
Don’t amend the arbitration act
Dear Editor,
I thought the article on dispute resolution (Deadlock) in last month’s issue of India Business Law Journal conveyed a more than necessarily negative impression of arbitration in India – almost like sounding its...
CLB to rule on issues of mismanagement
The Company Law Board (CLB), New Delhi Bench, in a case titled In Re: Valaya Clothing Pvt Ltd & Ors, interpreted the inconsistency that arises when section 8 of the Arbitration and Conciliation Act,...
Foreign award: Scope of ‘public policy’ challenge
In a recent decision in the case of Shri Lal Mahal Ltd v Progetto Grano SpA, a three-judge bench of the Supreme Court, comprising Justice Lodha, Madan B Lokur and Kurian Joseph, held that...
Revitalizing India
Ten legal thought leaders talk candidly about India’s economic woes and outline a series of bold measures to put the shine back into the country’s economy
The odds appear to be stacked against India at...
Arbitration clause lost if agreement superseded
Dismissing an appeal in M/s Young Achievers v IMS Learning Resources Pvt Ltd, the Supreme Court recently held that “an arbitration clause in an agreement cannot survive if the agreement containing arbitration clause has...
Update on ex parte orders and exclusive jurisdiction
In two recent cases, the Supreme Court of India has rendered important decisions in the areas of exclusive jurisdiction clauses and ex parte orders.
Exclusive jurisdiction
On 3 July, in M/s Swastik Gases P Ltd v...
Enforcing foreign awards in India and public policy
The recent judgment of the Supreme Court in Shri Lal Mahal Ltd v Progetto Grano Spa elucidates the law in India on public policy as a condition precedent to enforcement of foreign awards. Part...
The write stuff
The art of legal writing and drafting is one of the most challenging aspects of legal practice faced by lawyers in India, explains Ramni Taneja
Aristotle described the law as “reason free from passion”. These...
Deals of the Year 2012
India Business Law Journal celebrates 50 of the most significant deals and disputes of 2012 and reveals the legal architects that guided them to fruition
Nandini Lakshman reports from Mumbai
The global financial crisis threw up...
Battle strategies
Ajit Yadav, president and group general counsel at Vedanta Resources, and Ashok Sharma, founder president of the Indian Corporate Counsel Association, talk to India Business Law Journal about the role of in-house counsel and...
India in 2013
Legal practitioners and in-house counsel share some of their predictions for the year ahead
Bhavna Thakur, director, capital markets origination equities, Citigroup Global Markets India: For the Indian economy and capital markets, 2012 has been...
2-tier procedure not permitted for section 11 petitions
Allowing an appeal in Hindustan Copper Ltd v Monarch Gold Mining Co Ltd, the Supreme Court ruled that the distinction drawn by a division bench of Calcutta High Court between the procedure for appointment...
Service of award on agent is not proper service
Holding that “it is one thing for an advocate to act and plead on behalf of a party in a proceeding and it is another for an advocate to act as the party himself”,...
Mauritius bids for role as regional arbitration hub
Around 350 people attended an international arbitration conference on 10 and 11 December at a seaside resort north of Port Louis, Mauritius. The event marked the launch of the LCIA-MIAC Arbitration Centre, which is...
