Summary: The recent decision in GEA Westfalia highlights the importance of an exclusive jurisdiction clause in contracts involving MSMEs, particularly for determining the court with the jurisdiction to hear challenges to awards passed as part of the mandatory statutory arbitration
Summary: In the case of Glencore International AG v. Shree Ganesh Metals, the issue before the Supreme Court was whether an unsigned arbitration agreement could bind parties based on their conduct and correspondence. Answering in affirmative, the Court held that
Summary: In Krishna Devi v. Union of India, the Supreme Court held that the limitation period to challenge an arbitral award begins when a party becomes aware of the award — not when formal notice is received. This ruling curbs
Summary: Commonly (mis)understood to be only a power of quashing, Section 482 CrPC (now Section 528 BNSS) is much broader in ambit. The Section recognises the inherent jurisdiction High Courts in India have in dealing with criminal matters, including the
Summary: The Ministry of Corporate Affairs has significantly expanded India’s fast-track merger framework beyond small companies and wholly-owned subsidiaries to include unlisted companies with borrowings under INR 200 crore (with certain conditions). Additionally, demergers have also been brought under the
Summary: The power to quash a criminal matter under Section 528 BNSS, 2023 (erstwhile Section 482, CrPC, 1973), is well settled. It is a power to be exercised sparingly, within well accepted parameters, including no offence being disclosed, malice, abuse
Summary: The article addresses a critical unanswered question in Indian insolvency law: whether the Committee of Creditors (CoC) becomes functus officio after NCLT approval of a resolution plan under Section 31 of the IBC, a question with significant academic and
Summary: The Indian construction industry has long grappled with a fundamental confusion that has cost contractors millions in unrecovered damages. The terms “profits” and “profitability” have frequently been used interchangeably by the legal community in India when addressing cases related
Summary: This article examines the role of expert witnesses in international arbitration, highlighting their potential to clarify complex technical issues and assist tribunals in decision-making. However, it also critiques the challenges posed by party-appointed experts who may lack neutrality, and
Summary: In today’s digital age, the Right to Be Forgotten (RTBF) is emerging as a vital extension of the right to privacy under Article 21. Sparked by the Hon’ble Supreme Court’s landmark Puttaswamy judgment, RTBF seeks to protect individuals from
