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
Arbitration
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…
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…
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…
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…
RUNNING TO THE FIRE
While riding my bike on a tranquil bike path, I smelled smoke. The smell became stronger. Then I saw smoke–lots of it. Beyond some adjacent shrubs was a road with small businesses and one of those businesses was on fire.…
Telangana Hc: Tribunal Lacks Competence To Revive Terminated Arbitration Proceedings
Introduction
In the case of M/s. Hyderabad Metropolitan Development Authority v. M/s. Ramky Elsamex Hyderabad Ring Road Limited, the Telangana High Court clarified that an Arbitral Tribunal does not possess the authority to revive terminated arbitration proceedings. The Court emphasized…
Calcutta High Court: Section 9 Of Arbitration Act Applicable Even After Passing Of Foreign Awards-Balasore Alloys Limited V. Medima Llc
Introduction
In a recent decision, the Division Bench of Calcutta High Court clarified the applicability of Section 9 of the Arbitration and Conciliation Act even after the passing of a foreign award.Background of the Case
The dispute before the Court…
Supreme Court Clarifies Duty Of Referral Court To Examine Existence Of Arbitration Agreement
Introduction
The Supreme Court of India has recently issued a judgment in the matter of Magic Eye Developers Pvt. Ltd. v. M/s. Green Edge Infrastructure Pvt. Ltd. & Ors., in which it has clarified the duty of the referral court…
Validity Of Notice Served Through Electronic Mode: An Evolving Landscape In India
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In the past few years, India has witnessed a rapid transformation in the way legal notices are served. With the advent of technology, courts have…