Empowering Women And Promoting Equality: Women-only Courts For Alternative Resolution
In a significant move towards empowering women and challenging the patriarchal system, the Union administration is set to establish women-only courts, known as Nari Adalats, at the village level. These courts will serve as an alternative forum for resolving conflicts related to domestic violence, property rights, and other issues affecting women. The Nari Adalat program […]
Delhi High Court Extends Time For Passing Arbitral Award Under Section 29(A) Of A&C Act In The Light Of 2019 Amendment As It Is Procedural In Nature.
The High Court of Delhi recently addressed an important issue regarding the interpretation and application of the 2019 Amendment to Section 29A of the Arbitration and Conciliation Act (A&C Act). The court held that the amendment, which changed the time limit for rendering an award, should be applied retroactively to all pending arbitrations. The ruling […]
Clarification By Bombay High Court: Filing Section 7 Application Under Ibc Does Not Bar Application For Appointment Of Arbitrator(Sunflag Iron & Steel Vs. J. Poonamchand & Sons, The Bombay High Court)
In a recent ruling the Bombay High Court provided a significant clarification regarding the interaction between the Insolvency and Bankruptcy Code (IBC) and the Arbitration and Conciliation Act. The court held that the mere filing of a Section 7 application under the IBC does not bar parties from seeking the appointment of an arbitrator under […]
Government Of India Constitutes Expert Committee To Propose Reforms In Arbitration And Conciliation Act
The Union Law Ministry has taken a significant step towards enhancing the arbitration ecosystem in India by constituting an expert committee to recommend reforms in the Arbitration and Conciliation Act of 1996. Chaired by Dr TK Vishwanathan, Former Secretary of the Department of Legal Affairs, the committee comprises sixteen members with diverse legal expertise and […]
Calcutta High Court Holds That The Courts Should Not Substitute Their Views With Those Of Arbitral Tribunal(Jaldhi Overseas Pte Ltd. V. Steer Overseas Pvt. Ltd.)
The Calcutta High Court has in Jaldhi Overseas Pte Ltd. v. Steer Overseas Pvt. Ltd.,recently upheld the enforcement of a foreign award, reiterating that courts should not substitute their views with those of the arbitral tribunal. The case involved a dispute between two companies, Jaldhi Overseas and Steer Overseas. Jaldhi had offered to carry Steer’s […]
Delhi High Court Rejects Government’s Plea Seeking Enforcement Of Final Partial Award For Want Of Definite Quantification Of The Amount(THE UNION OF INDIA v. RELIANCE INDUSTRIES LTD. and ANR. [Neutral Citation: 2023: DHC: 4018])
In a recent decision, the Delhi High Court dismissed a petition filed by the Union of India seeking enforcement of a Final Partial Award (FPA) against Reliance Industries Limited (RIL). The court held that an execution petition could not be filed under Section 48 of the Arbitration and Conciliation Act, 1996 for a partial award […]
Litigation Funding In Indian Arbitration: Ruling By Delhi High Court
Litigation funding is a relatively new concept in India, but it is gaining popularity as a way for businesses and individuals to access justice. Litigation funding is the practice of a third party providing financial assistance to a litigant in exchange for a share of the proceeds if the case is successful. This can be […]
Indian-seated International Commercial Arbitration Not Bound By Statutory Time Limit(Tata Sons Pvt. Ltd., Siva Industries & Holdings Ltd., and Tata Tele Services Ltd. (TTSL))
The Hon’ble Supreme Court of India recently clarified that International Commercial Arbitrations (ICA) conducted in India are not bound by the statutory time limit prescribed under Section 29-A of the Arbitration and Conciliation Act, 1996. This decision has significant implications for international arbitration proceedings seated in India, providing flexibility and autonomy to the parties involved. […]
Himachal Pradesh High Court Has Emphasized That Pre-deposit Requirement Must Align With Section 19 Of The MSME Act And Is Mandatory When Challenging Arbitral Awards.(M/s Pratap Industries Products Vs Hindustan Construction Company Limited)
In a recent case, M/s. Pratap Industries Products challenged an order passed by the District Judge regarding an application made under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (the Act). The High Court of Himachal Pradesh, presided over by Hon’ble Ms. Justice Jyotsna Rewal Dua, ordered a fresh decision on […]
Delhi High Court Upholds Enforceability Of Foreign Consent Awards (Nuovopignone International Srl V. Cargo Motors Private Limited [neutral Citation: 2023: DHC: 3818])
In a significant ruling pertaining to the enforcement of a Foreign Consent Award in ICC Arbitration, the Delhi High Court has clarified the legal status of such awards. The court dismissed the allegation of economic duress and coercion, labeling it as an afterthought, and emphasized that consent awards drawn after obtaining independent legal opinions cannot […]
Allahabad High Court Clarifies Law On Territorial Jurisdiction Of Commercial Courts In Execution Proceedings Of Arbitral Awards(Case No.6736 of 2021 M/S Imagine Fashion Apparels Pvt. Ltd Vs Presiding Officer of Commercial Court & Anr)
In a recent decision, the Allahabad High Court has rectified a significant error in a writ petition filed under Article 227 of the Constitution of India made by a Commercial Court in Jhansi regarding the execution of an arbitral award. M/S Imagine Fashion Apparels Pvt. Ltd., a private limited company is engaged in the readymade […]