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Tag: Numen Law Offices

Arush Khanna takes up role as VIAC’s first India ambassador

The Vienna International Arbitral Centre (VIAC) names Arush Khanna, co-founder and partner at Numen Law Offices, as the first ambassador for India in 49 years

Arbitrator autonomy still demands proper decision-making

In Batliboi v Hindustan Petroleum, the Supreme Court affirmed the arbitrator's right to interpret contract terms reasonably, barring award annulment

Loading legaltech

How should law firms effectively harness legal technology? Is anything off the table?

Mediation is not myth

Promote mediation for justice, but the bill makes it too prescriptive, eroding its voluntary nature

Arbitration: reins tighten on judicial intervention

A fundamental principle of India’s arbitration law is to have limited judicial intervention in the process

Dissent is not award

In this case, a dispute arose between the appellant contractors and the National Highways Authority of India (NHAI) over a contract for a bypass construction project

Law stands above commercial wisdom

The Supreme Court’s 3 May judgment, in MK Rajagopalan v Dr Periasamy Palani Gounder & Anr, shows insolvency resolution plans must be approved by a committee of creditors before being put to an adjudicating authority

Time of the essence in appeal limitations

The Supreme Court has shed light on the application of the Indian Limitation Act, 1963, and the General Clauses Act, 1897, in arbitration awards

No stamp, no arbitration

Supreme Court judgment on 25 April 2023 (NN Global Mercantile Pvt Ltd v Indo Unique Flame Ltd) finally settled the ongoing legal conundrum of the enforceability of an arbitration agreement in an unstamped contract

When arbitration suits the court

An April 2023 decision by a division bench of the Supreme Court of India has held that arbitration is the appropriate method of deciding whether a development agreement can be lawfully cancelled

Admissions only enforceable on give-and-take basis

The court held that the admission should be enforced against the defendant, but that such enforcement should be performed by both parties carrying out the conditions that were in, or attached to, the admission

When is interference possible under Arbitration Act?

It was further held that the court at the referral stage can interfere only when it is manifest that the claims are ex facie time-barred and dead, or there is no subsisting dispute

Court grounds dispute brought by Frankfinn Aviation

In the recent case of Frankfinn Aviation Services Pvt Ltd v Tata Sia Airlines Ltd, an interim injunction was filed against TATA Sia Airline (the defendant) by Frankfinn Aviation Services (plaintiff) in the Delhi High Court

Council overrides arbitration agreement under MSMED Act

The recourse of referring to facilitation council would be available to parties only in the event of there being no clause in the contract that states that the resolution of a dispute shall be done by way of arbitration

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

Correspondents

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Ensuring liquidation preference to protect investor rights

By Parag Bhide and Mitali Kshatriya, Bharucha & Partners
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Literal or liberal interpretation in extending arbitration

By Sudeshna Guha Roy and Ayush Chaturvedi, Bharucha and Partners
China’s export control system

China’s export control system and tips for compliance

By Qiu Mengyun and Han Xiaoxi, AllBright Law Offices
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Arbitrator still in place despite unilaterally adjusting fees

By Sneha Jaisingh and Zashank Mehta, Bharucha & Partners

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