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 P...
Litigation, arbitration & dispute resolution
Hello everyone! We are delighted to announce the XIII Edition of the NLS-Trilegal International Arbitration Moot [NLSTIAM]. NLSIU has maintained a long-standing reputation as the leading institution in the field of legal education in India. Established in 1987 NLSIU is a primer institution that stri...
UPDATE: Dear All, Thank you for your continued support. At the end of this post, you can find the Revised Schedule, the Problem, the Rules and the Clarifications to the problem of the XII NLS Trilegal International Arbitration Moot. Hello everyone! We are pleased to announce the XII Edition of the N...
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 is divided into two ses...
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 Dipak Mishra and Justice AK Khanwilkar. Justice DY Chandrachud ...
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 37(1) of the Arbitration and Conciliation Act, 1996 (Act), Court also held that an a...
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 the territory of Union of India other than when ...
By Vijay Pal Dalmia, Advocate & Partner Vaish Associates Email: var _em0_0="vpdalmi",_em0_1="a$vaish",_em0_2="law*com";document.write(" "+window.__liDecEmail(_em0_0,_em0_1,_em0_2)+" ") vpdalmiavaishlaw Mobile: 09810081079 & Rajat Jain, Advocate Email: var _em2_0="rajat",_em2_1="jain$v",_em...
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 an application filed by DF Deutsche Forfait AG (...
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.
Justice RM Lodha 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 19 of the Constitution of Indi...
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 be signed by all parties to the co...
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 national liqour policy to curtail liquor and other i...
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 Act shall come in force. Further, T...
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 the Indian Pharmaceutical I...
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 25 th November to 27 th November. With 40 teams participating we are the largest ADR tournament in Asia an...
Delhi High Court 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) No. 10838 of 2016...
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 gave us the most awaited change in law through ...
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 nothing should be changed. The principle embodying the ...
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, bench...