Dispute Resolution

All about Dispute Resolution Laws

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A comprehensive database of legal contents and case laws which are categorized in Subjects and further in sub-subject on topic wise alongwith case laws filter option of section, sub-section even clause wise. Expert summary of judgments provides brief about the decision which help to decide whether a particular case law is relevant for facts in hand or not.

Dispute Resolution Module comprises Arbitration and Conciliation Act, 1996, Commercial Courts Act, 2015, the India International Arbitration Centre Act, 2019 and Section 89 of the Code of Civil Procedure, 1908-Settlement of disputes outside the Court and relevant acts.

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Section 31A(1) of Arbitration and Conciliation Act, 1996 allows only for reasonable costs to be recovered and not actual costs as claimed by the party, the test of reasonableness must be done by Arbitral Tribunal – National Highways Authority of India Vs. Ashoka Buildcon Ltd. – Delhi High Court

September 27, 2023

What is the venue of arbitration in a case where arbitration clause in invoice provides venue of the Arbitration at different location than arbitration clause in Purchase Order?- Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Ltd. – Bombay High Court

September 27, 2023

Whether the Chief Justice or his designate empowered u/s 11 to consider a request for arbitration, can grant extension of time as required u/s 29A of the Arbitration and Conciliation Act, 1996 or is it the Principal Civil Court of original jurisdiction in the District or the High Court having original civil jurisdiction, alone who will be empowered to exercise the power u/s 29A – India Power Corporation (Bodhgaya) Ltd. Vs. South Bihar Power Distribution Company Ltd. – Patna High Court

September 27, 2023

Batliboi Environmental Engineers Ltd. Vs. Hindustan Petroleum Corporation Ltd. and Another – Supreme Court

September 25, 2023

First Court where a party to an Arbitration Agreement files an application under Part-I of Arbitration and Conciliation Act, 1996 must be a Court of competent jurisdiction and the petition must be validly/properly constituted – Liberty Footwear Company Vs. Liberty Shoes Ltd. – Delhi High Court

September 21, 2023

IBC Laws e-Journal – Dispute Resolution Bulletin – September, 2023

September 24, 2023

IBC Laws e-Journal – Dispute Resolution Bulletin – August 2023

August 11, 2023

IBC Laws e-Journal – Dispute Resolution Bulletin – April 2023

April 23, 2023

e-Journals

Monthly e-Journal on Dispute Resolution Laws. Compilation of Case laws bulletin of Arbitration and Conciliation Act, 1996, Commercial Courts Act, 2015, the India International Arbitration Centre Act, 2019 and Section 89 of the Code of Civil Procedure, 1908-Settlement of disputes outside the Court.

Weekly Bulletin

Weekly case compilation of of Arbitration and Conciliation Act, 1996, Commercial Courts Act, 2015, the India International Arbitration Centre Act, 2019 and Section 89 of the Code of Civil Procedure, 1908-Settlement of disputes outside the Court.

Mediation Bill: Empowering Dispute Resolution in India’s Insolvency Framework – By Devashish Bhattacharyya and Vaishnavi Sharma

August 18, 2023

Third-Party Funding in International Commercial Arbitration: Next Step for India – Maitrey Chaudhary

August 14, 2023

Shielding Sensitive Information in Arbitration: Strategies for Ensuring Cyber Security and Confidentiality – Deepesh Tapariya and Tarang Arora

August 11, 2023

Decoding Commercial Legal Landscapes: A Collection of Recent Judgments Shaping Arbitration, Patent Rights, and Procedural Jurisdiction – August 2023 – Part 1

Chapter	Topic	Content
CH-2: General & Definitions
		Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016)
		Dispute and Existence of a Dispute
		Operational Debt and Operational Creditor
		Persons who may initiate Corporate Insolvency Resolution Process(CIRP)
		Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016
CH-3: CIRP
	Topic-1 : CIRP Application & Withdrawal
		Analysis of Minimum amount of default under Section 4 of IBC
		Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC
		Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC
		Initiation of CIRP by corporate applicant under Section 10 of the IBC
		Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC)
	Topic-2 : Declaration of moratorium and public announcement
		Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC]
		All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements
	Topic-3 : Appointment and tenure of IRP & RP
		Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC]
		Role of an Interim Resolution Professional and Resolution Professional
	Topic-4 : Management of affairs by IRP
	Topic-5 : Receive and collate all the claims submitted by creditors
	Topic-6 : Committee of creditors and meetings
		Constitution of Committee of Creditors under Section 21 of IBC
		Role of Committee of Creditors & It’s Commercial Wisdom
		Analysis of provisions on Authorised Representative under IBC
		Meetings & Voting of the Committee of Creditors under Section 24 of the IBC
	Topic-7 : RP to conduct the CIRP and manage the operations
		Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor
		Insolvency Resolution Process Costs & Essential supplies
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-8 : CIRP and Resolution Plan
		Information Memorandum, Expression of Interest, Request for Resolution Plans & Resolution Plans
		Role of the prospective resolution applicant
		Persons not eligible to be Resolution Applicant [Sec. 29A of IBC]
		Submission and approval of the Resolution Plan
		Liability for prior offences under Section 32A of the IBC
CH-4 : Liquidation Process
	Topic-1 : Initiation of Liquidation
	Topic-2 : Appointment & Remuneration of Liquidator
		Appointment & Remuneration of Liquidator under Sec. 34 of IBC
		Powers and duties of Liquidator under Sec. 35, 37 of IBC
	Topic-3: Liquidation Estate
	Topic-4: Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation
	Topic-5: Claims under Liquidation
	Topic-6: Preferential, undervalued and Extortionate Credit Transactions
		Preferential, Undervalued and Extortionate Credit Transactions under Sec. 43, 44, 45, 46, 47, 48, 49, 50, 51 of IBC
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-7: Secured Creditor in Liquidation Proceedings
	Topic-8: Realisation of Assets in Liquidation Proceedings
	Topic-9: Proceeds of Liquidation and Distribution of Proceeds
CH-5 : Personal Guarantor
		Chapter VIII Indemnity and Guarantee of Indian Contract Act, 1872
		All about Personal Guarantor under IBC Part-I
		All about Personal Guarantor under IBC Part-II
		Insolvency Resolution Process Regulation
		Bankruptcy Process for PG Regulation
		IRP Application to AA Rules
		Bankruptcy Process Application to AA Rules

Dispute Resolution

A platform with various functions

Complete database on Dispute Resolution

IBC Laws® India's #1 Platform on All about Default, Dispute & Debt Resolution

Section 31A(1) of Arbitration and Conciliation Act, 1996 allows only for reasonable costs to be recovered and not actual costs as claimed by the party, the test of reasonableness must be done by Arbitral Tribunal – National Highways Authority of India Vs. Ashoka Buildcon Ltd. – Delhi High Court

What is the venue of arbitration in a case where arbitration clause in invoice provides venue of the Arbitration at different location than arbitration clause in Purchase Order?- Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Ltd. – Bombay High Court

Batliboi Environmental Engineers Ltd. Vs. Hindustan Petroleum Corporation Ltd. and Another – Supreme Court

First Court where a party to an Arbitration Agreement files an application under Part-I of Arbitration and Conciliation Act, 1996 must be a Court of competent jurisdiction and the petition must be validly/properly constituted – Liberty Footwear Company Vs. Liberty Shoes Ltd. – Delhi High Court

Contents

IBC Laws e-Journal – Dispute Resolution Bulletin – September, 2023

IBC Laws e-Journal – Dispute Resolution Bulletin – August 2023

IBC Laws e-Journal – Dispute Resolution Bulletin – April 2023

e-Journals

Weekly Bulletin

Arbitration Bulletin- Weekly Dispute Resolution Case Laws Digest: 18th September, 2023 to 24th September, 2023

Arbitration Bulletin- Weekly Dispute Resolution Case Laws Digest: 11th September, 2023 to 17th September, 2023

Arbitration Bulletin- Weekly Dispute Resolution Case Laws Digest: 04th September, 2023 to 09th September, 2023

Arbitration Bulletin- Weekly Dispute Resolution Case Laws Digest: 28th August to 3rd September, 2023

Arbitration Bulletin- Weekly Dispute Resolution Case Laws Digest: 21st August to 28th August, 2023

Arbitration Bulletin- Weekly Dispute Resolution Case Laws Digest: 14th August to 20th August, 2023

Legal Insights from Recent Court Decisions and their Implications for Stakeholders – Sept 2023 Part 1-By Gunjan Chhabra

Commercial Law and Procedures in Recent Cases in Dispute Resolution – August 2023 -Part 2 -By Gunjan Chhabra

Mediation Bill: Empowering Dispute Resolution in India’s Insolvency Framework – By Devashish Bhattacharyya and Vaishnavi Sharma

Third-Party Funding in International Commercial Arbitration: Next Step for India – Maitrey Chaudhary

Shielding Sensitive Information in Arbitration: Strategies for Ensuring Cyber Security and Confidentiality – Deepesh Tapariya and Tarang Arora

Decoding Commercial Legal Landscapes: A Collection of Recent Judgments Shaping Arbitration, Patent Rights, and Procedural Jurisdiction – August 2023 – Part 1

Enforceability of Unstamped Arbitration Agreements in India: N.N. Global Analysis – Shubham Singh

Seat v. Venue – An Endless Pursuit in Domestic Arbitrations – Niharika Bandreddy

Unveiling the Gavel’s Verdicts: July 2023 Commercial Judgments Update-Part 2

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