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Tag: Numen Law Offices

References not enough to compel arbitration

Where there is merely a possibility of the parties agreeing to arbitration in the future, in contrast to an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement

Top court steps in to settle jurisdiction disputes

The tug of war over jurisdiction has surfaced many times in arbitration proceedings, necessitating the Supreme Court to step in repeatedly to settle disputes

When in doubt, arbitrate

Delhi High Court has ruled that courts must lean towards referring matters to arbitration when one party seeks to negate an arbitration agreement by citing other provisions of a contract that require detailed interpretation

Solving the problem of interest and insolvency

As the IBC clearly differentiates between financial debt and operational debt obligations, the question becomes whether interest can be included in both these types of debt for the admission of a company into insolvency under the IBC

Decree holders ‘not same as financial creditors’

The Supreme Court has upheld a decision of the Tripura High Court by refusing to interfere with its judgment that decree holders cannot be treated the same as financial creditors

Court not obliged to remit matters to arbitral tribunals

In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award

Arbitral awards bound by contract

The Indian Supreme Court has set aside an arbitral tribunal’s award for acting beyond the confines of a contract executed between parties

Indian Law Firm Awards 2022

In a celebration of hard work, ingenuity and excellence, India Business Law Journal reveals the winners of the 2022 Indian Law Firm Awards

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apparent bias in international arbitration

Tests for apparent bias in international arbitration

By R Govin and Ang Yong Tong, Gurbani & Co

When doubt arises over an arbitrator’s impartiality, case law provides options to assess the appearance of bias, but some ambiguity may remain

Community liability financing for property developers in plight, Wang Zhenxiang

Community liability financing for property developers in plight

By Wang Zhenxiang, Jingtian & Gongcheng

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India recording royalties issue

Royalties for recordings are a live Issue

By Abhishek Malhotra and Urjitah Srikanth, TMT Law Practice

An update of NFT law developments: Taiwan

By Abe Sung and Eddie Hsiung, Lee and Li

Correspondents

India future of group of companies doctrine

Guidance awaited on future of group of companies doctrine

By Ashish Anand, HSA Advocates
Safe harbour rule’s effect on anti-monopoly compliance, Michael Gu

‘Safe harbour’ rule’s effect on anti-monopoly compliance

By Michael Gu, AnJie & Broad Law Firm
Trader protection under Futures and Derivatives Law, Guo Zhongqing

Trader protection under Futures and Derivatives Law

By Guo Zhongqing, AllBright Law Offices
regulation of ESG rating providersvideo

Regulators looking to rate ESG rating providers

By Swathi Girimaji and Harshita Kakar, Bharucha & Partners

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