In a somewhat belated realisation, the Arbitration and Conciliation (Amendment) Act 2015 has made changes that impact the ability of parties in international commercial arbitrations seated outside India (offshore arbitrations) to seek interim remedies before Indian courts. In a nutshell, the amended...
Analysis
by Vasujith Ram In paragraph 160 of the judgment striking down the National Judicial Appointments Commission as unconstitutional, Justice Khehar writes: “A little personal research, resulted in the revelation of the concept of the “legitimate power of reciprocity”, debated by Bertram Raven in his ar...
ginsburg_tom Prof. Tom Ginsburg is the Leo Spitz Professor of International Law and Deputy Dean at the University of Chicago Law School as well as a Professor of Political Science at the University. He is a prominent scholar of comparative and international and has authored or edited several books, ...
FIVE SIGNIFICANT JUDGMENTS OF 2015 Limitation to be decided by the Court as preliminary issue under Section 9-A of CPC While discussing the ambit of Section 9A of the Code of Civil Procedure (CPC) (as amended by Maharashtra Amendment Act) in deciding the issue of jurisdiction of the court, the Supre...
The Apex Court has reiterated an existing principle of law in Criminal Appeal No. 1525 OF 2015, Shamser Singh Verma v/s State of Haryana that oral, conversations recorded on compact discs are to be considered as documents u/s 294 of CrPC and accordingly can be admitted or denied. A bench of the Apex...
Today, the Lok Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2015 in substance. However, the Minister added a new clause 25A to the Bill. The said clause deals with retrospectivity of the aforesaid amendments. It specifically provides that the amendments would not apply to arbitrat...
The Lok Sabha today debated the Arbitration and Conciliation (Amendment) Bill, 2015 to amend the Indian Arbitration Law. The debate began between 1700- 1800 hrs today (16.12.2015) and is likely to continue tomorrow. Prior to the debate on the aforesaid enactment, the Lok Sabha also debated the Comme...
The Chief Information Commission passed an order dt. 08.08.2015 in Rama Aggarwal v. Delhi State Legal Services Authority holding that notwithstanding that the Right to Information Act, 2005 overrode the provisions of the Arbitration and Conciliation Act, 1996, conciliation proceedings were confident...
Union of India & Anr v. Rajasthan Micro & Small Enterprises Facilitation Council & Anr decided by the High Court of Rajasthan at Jaipur could be one of the earliest decisions interpreting and applying the the Arbitration & Conciliation (Amendment) Ordinance, 2015. The second Resp...
Cow has become a hazardous subject to be handled cautiously, capable of igniting the frenzy of a mob to lynch or deny nationhood by being verbally deported to another nation. The image of this docile animal has been strategically used to polarize people to achieve ulterior purposes. Cow has been his...
Regular readers of this Blog would be aware of the recent post on the UK Supreme Court’s case of Cavendish Square Holding BV v Talal El Makdessi (Earlier posts on case in this blog can be accessed from here and here .). The issues involved in this case are: Whether the rule against penalties applies...
Early August, we had blogged about the case of Cavendish Square Holding BV v Talal El Makdess pending before the UK Supreme Court. We had stated that the decisions would have huge ramifications on international commerce. For the issues involved, see the linked post. UK SC blog reports that the judge...
The Supreme Court in State of Punjab vs Rafiq Masih (White Washer ) AIR 2015 SC 696 addressed issues regarding recovery of wages when paid in excess to employees by the employer. In this case, the Respondent-employees were given an excess monetary benefit than they were entitled due to the oversight...
The Hon’ble Supreme Court has recently passed a judgment in respect of whether the amendment of 2005 to the Hindu Succession Act (“The Amendment Act”) is prospective or retrospective. It has passed the said judgment in a bunch of Petitions on 16 th October 2015. The Judgment is passed by the Bench o...
Marriage in the Indian society has been considered as a sacred bond since the Vedic period. This concept of matrimony has continuously evolved with time. With the ever-changing society and human psychology, the concept of marriage and relationship has also evolved. The upcoming generations are consi...
by Varun Srivastava The demand for One Rank, One Pension (OROP) has existed in various forms since 1973, when the policy was terminated by an order subsequent to the 3rd Central Pay Commission. In a significant ruling, the Supreme Court has held in D.S. Nakara & others v. Union of India that “p...
Readers may be aware that the President of India has promulgated a new Ordinance amending the Arbitration and Conciliation Act, 1996. For those who are coming across this news for the first time, please read this post . Many of the reforms of the Law Commission of India have been incorporated while ...
The President of India has promulgated two ordianances bringing into force sweeping amendments to the Arbitration and Conciliation Act, 1996 and introducing Commercial Courts (see our previous post on the previous Commercial Divisions Bill ) in every District in India. The Ordinances can be accessed...
Followers of Indian arbitration and readers of this blog ( here ) would be well aware of the decision of the Supreme Court in HPHUDA v RS Rana (2012) where the court held that if the award amount (which is the subject of challenge under Section 34 of the Arbitration and Conciliation Act, 1996) or un...
suchitra_vijayan_headshot Suchitra Vijayan is a writer, lawyer and a political theorist. She studied Law, Political Science and International relations, and was trained as a Barrister-at-Law. She previously worked for the UN war crimes tribunal for Yugoslavia and Rwanda. She co-founded and was the L...