The development of Arbitration Law in India is not attributable to the success in arbitrations, but rather to the failures of Courts. The Hon’ble Supreme Court recently in ‘Vidya Drolia and Ors. v. Durga Trading Corporation’ has laid down that landlord-tenant disputes governed by the Transfer of Property...
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Experts & Views
Litigation, arbitration & dispute resolution
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Today marks the first edition of the NLS- Trilegal Arbitration Conference, organised by the Moot Court Society of the National Law School of India University, Bangalore, in collaboration with the Alliance of Oversensitive Women (Aow)- The NLS Feminist Alliance.
The conference...
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A three judge bench of the Supreme Court of India, while hearing a reference made by a two-judge bench, has held that “in transfer petition, video conferencing cannot be directed”. The aforesaid view was taken by Chief Justice of India...
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Supreme Court of India has on October 3, 2017, in the case of Sri Chittaranjan Maity v. Union of India, dealt with the issue of the stage at which the arbitrability of a dispute can be decided. Referring to section...
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Supreme Court of India has issued notice in a public interest litigation petition filed by Pallav Mongia, an Advocate-on-Record at the Supreme Court which seeks a direction “to prohibit transfer of data pertaining to citizens of Union of India outside...
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By
Vijay Pal Dalmia, Advocate & Partner Vaish Associates Email: Mobile: 09810081079
& Rajat Jain, Advocate Email: Mobile: 09953887311
Filing and prosecution of trade mark opposition, is one of the most significant remedies available with the brand owner...
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The National Company Law Tribunal, Mumbai Bench presided over by Justice (Retd.) B.S.V Prakash Kumar has on April 10, 2017 passed a detailed order interpreting certain provisions of Insolvency and Bankruptcy Code, 2016. This order came to be passed in...
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The International Chamber of Commerce ('ICC') has recently amended its Rules of Arbitration. The amended Rules are effective as of 1 March 2017 ('ICC Rules'). These amendments are aimed at streamlining the conduct of arbitrations to increase transparency and make ICC arbitrations more time and cost efficient.
A public interest litigation petition has been filed before the Supreme Court of India for declaring the recommendations of the ‘Supreme Court Committee on Reforms in Cricket’ commonly known as Justice Lodha Committee as violative of article 12, 14 and...
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Delhi High Court:
Reaffirms the criteria to deem a foreign arbitral award valid under section 44 of the Arbitration and Conciliation Act, 1996 and the Convention on the Recognition and Enforcement of Awards, 1958.
A contract containing an arbitration agreement must...
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On its last working day of the year 2016, Supreme Court of India would, among other matters, hear two interesting fresh matters:1. PIL for ‘National Liquor Policy’.A petition has been filed by advocate Ashwini Kumar Upadhyay seeking framing of a...
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The Central Government, vide 344 notifications dated March 10, 2016 had banned the sale, manufacture and distribution of 344 fixed dose combination drugs (“FDCs”) on the ground that these FDCs lacked therapeutic rationality or justification. The ban had enormous impact on...
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Dear Reader,
The Sick Industrial Companies (Special Provision)Repeal Act, 2003 (“SICA Repeal Act”) has been notified by the Central Government on November 25, 2016 and the Government has chosen December 1, 2016 as the date on which provisions of the aforementioned...
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We are back this time, bigger and better. Creating new benchmarks and pushing boundaries. NLIU is proud to hold the fifth edition of the INADR International Law School Mediation Tournament from 25th November to 27th November. With 40 teams participating we...
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Hearing a public interest litigation claiming that the surcharge levied on credit and debit card transactions was “illegal” and “discriminatory”, Delhi High Court has sought the view of Ministry of Finance and Reserve Bank of India, reported PTI.Case No.W.P. (C)...
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Dear Reader,
The last couple of years have been a watershed in the Indian Arbitration scene. While the Courts across the country have done their bit to support arbitration as the preferred mode for dispute resolution within the country, the legislature...
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The meaning of lis pendens is - ‘a pending legal action’, wherein Lis means the ‘suit’ and Pendens means ‘continuing or pending’. The doctrine has been derived from a latin maxim “Ut pendent nihil innovetur” which means that during litigation...
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Supreme Court of India has dismissed a public interest litigation (PIL) petition seeking a declaration that the release of government funds to Jammu and Kashmir-based separatists was “unconstitutional and illegal”.Not impressed by the arguments of the petitioner-in-person, advocate ML Sharma,...
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