Mediation in India takes a step forward
In an effort to further regulate and standardize the practice of mediation in India, the Law and Justice Ministry has established a working committee for the drafting of rules and standards. This committee, headed by former Law Secretary PK Malhotra, has been tasked with providing drafts of the rules and regulations as outlined in the […]
Government of India Announces the Formation of ComplaintPanels against online platforms
The Indian government has recently announced the formation of three grievance appellate committees to handle complaints against online platforms. These committees will be formed to oversee and revoke content moderation decisions taken by social media and internet-based platforms. The government has specified that the appellate platform will become operational from March 1, 2023. What are […]
Limitations of Granting Permanent Relief in Interim Measures under Section 9of the Arbitration and Conciliation Act, 1996: A Case Analysis
In this case, the GMR Pochanpalli Expressways Ltd. filed an instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 read with Section 2(1) of the Commercial Courts Act, 2015, seeking a mandatory injunction to direct the National Highways Authority of India to reimburse or release the amount that was deducted illegally and […]
High Court of Delhi Reiterates Non-Est Filing Concept in Ambrosia Corner House Private Limited V. Hangro S Foods” – 2023 SCC On Line Del 517
The High Court of Delhi recently made a significant judgement in the case of Ambrosia Corner House Private Limited vs. Hangro S Foods, which re-iterated the concept of non-est filing. The court’s judgement provided clarity on the instances that would constitute non-est filing and encouraged a liberal approach to define the same. The court acknowledged […]
Navigating the Legal Landscape: A Guide to Understanding Lex Fori, Lex Arbitri, Lex LociArbitri, and Lex Causae
When it comes to legal disputes, the terminology used to describe the laws governing the proceedings can be confusing. In this context, it is important to understand the meaning of four Latin terms: ‘lex fori’, ‘lex arbitri’, ‘lex loci arbitri’, and ‘lex causae’. “Lex fori” means ‘the law of the forum’. It refers to the […]
Interplay between tax law and Arbitration award- a useful titbit to tax payers
The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) in the case of Dy. Commissioner of Income Tax vs M/s. Nipro Medical India Private Limited reported in 2023 TAXSCAN (ITAT) 226 has now decided an issue whether a obligation for payment pursuant to an arbitration award is a deductible business expense. In the instant […]
E-commerce’s Impact on Contractual Relationships: Arbitration clause in the “terms and conditions” as mentioned in the website is sufficient to constitute an arbitral tribunal
An arbitral clause or arbitration agreement is sine qua non to initiate arbitration proceedings. As per Section 7(2) of The Arbitration and Conciliation Act, an Arbitration agreement may be either in form of arbitration agreement or arbitration clause in a contract. Such agreement must be in writing and shall be signed by both parties according […]
Bombay High Court upholds the validity of unilateral appointment of arbitrator prior to Amendment of the year 2015 and consolidation of claims arising from multiple contracts
In a recent decision, in BST Textile Mills Pvt. Ltd. v. The Cotton Corporation of India Ltd., Commercial Arbitration Petition No. 563 of 2017, decided on 9-02-2023, the Bombay High Court considered the legality of consolidating claims arising from nine separate contracts into a single statement of claim in a commercial arbitration petition. The case […]
Calcutta High Court clarifies that all unilateral appointment of arbitrators cannot automatically be nullified on the application Section 12(5) of Arbitration and Conciliation Act, 1996
A recent judgment by the Calcutta High Court in the case of McLeod Russel India Limited & Anr. V. Aditya Birla Finance Limited & Ors., in A.P.No.106 of 2020 dated 14.02.2023 dealt with the issue of the unilateral appointment of an arbitrator and its effect on the validity of the appointment after analysing the various […]
Dependency of Concurrent Jurisdiction of Courts on the Efficacy of Interim Measures Ordered by Arbitral Tribunal
The Arbitration and Conciliation Act, 1996 (the Act) is a significant piece of legislation in India that governs the law of arbitration. The Act has been amended several times since its inception. One of the most important changes brought about by the amendment was the substitution of Section 17 of the Act, which deals with […]
