The year 2020 began with the world economies coming to a standstill vis-à- Coronavirus aka. COVID-19.  With lockdown being put in place the country has come to a standstill. The State borders have been shut, commercial transportation is hit, goods…
Continue Reading Interim measure under the Arbitration Act in the time of COVID-19

Food and Safety Standards Authority of India, the autonomous body that regulates food safety and regulations in India, published the Food Safety and Standards (Recovery and Distribution of Surplus Food) Regulations, 2019 (“the Regulation). The Regulation streamlines and specifies the…
Continue Reading INDIA – REGULATIONS SPECIFYING DISTRIBUTION OF LEFTOVER NOT SERVED PORTIONS OF SAFE FOOD

“That apart when one is required to judge the case of another, justice should not only be done, but it should also seem   to   be   done   is   the   bottom   line”, explained the Supreme Court of India in the matter of…
Continue Reading Even a perception of bias in an Arbitrator would not be fair to the parties: Supreme Court of India

Every financial institutions want someone to stand guarantee to the loan they are about to provide. One of such common ways is that a subsidiary company stands as a guarantor for the parent company against the loan obtained by the…
Continue Reading Initiation of Corporate Insolvency Resolution Process by a Foreign Creditor against an Indian Corporate Guarantor

The Arbitration and Conciliation Act, 1996 (“Act”) under Section 34(3) provides for a specific statutory limitation of filing an application for setting aside of an arbitral award. Section 34(3) provides that an application for setting aside an arbitral award may…
Continue Reading Strict adherence to limitation in filing an application for setting aside of an arbitral award in India

The Supreme Court in the matter of Anilkumar Jinabhai Patel (D) Thr. Lrs. vs. Pravinchandra Jinabhai Patel and Ors  by upholding the decision of the High Court of Judicature at Bombay Bench at Aurangabad has reaffirmed that the limitation to file…
Continue Reading Limitation for challenging arbitral award begins from the time the signed copy of the award is delivered/received to/by the party

The bench of Justice R. F. Nariman and Justice Navin Sinha, vide their judgement dated 23.01.2018 in the matter of M/s Indian Farmers Fertilizer Co-operative Limited v M/s Bhadra Products, thrown light on two questions, (a) whether an award delivered…
Continue Reading Can an interim arbitral award deciding an issue of limitation be set aside by the Court?