Category: Arbitration-High Court

The expression “fundamental policy of Indian law” in Section 34 of Arbitration and Conciliation Act, 1996 cannot be interpreted in wide terms to include violation of any Act or Statute – Oil India Ltd. Vs. Techno Canada Inc. – Delhi High Court

Posted by IBC Laws Editoron March 29, 2023March 29, 2023in Arbitration-High Court, Newsletter-Arbitration

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List of landmark judgments on Place (seat & venue) of Arbitration – Honey Bee Multitrading Pvt. Ltd. Vs. Ruchi Soya Industries Ltd. – Bombay High Court

Posted by IBC Laws Editoron March 27, 2023March 27, 2023in Arbitration-High Court, Newsletter-Arbitration

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An award rendered by Facilitation Council in case of a Works Contract is without jurisdiction – National Textile Corporation Ltd. Vs. Elixir Engineering Pvt. Ltd. & Anr. – Bombay High Court

Posted by IBC Laws Editoron March 27, 2023March 27, 2023in Arbitration-High Court, Newsletter-Arbitration

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Entire arbitration award need not be set aside due to the perversity in one specific claim or counter-Claim – Bawana Infra Development Pvt. Ltd. Vs. Delhi State Industrial & Infrastructure Development Corporation Ltd. (“DSIIDC”) – Delhi High Court

Posted by IBC Laws Editoron March 27, 2023March 27, 2023in Arbitration-High Court, Newsletter-Arbitration

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Whether arbitral proceedings could have been continued once CBI investigation was pending – Municipal Corporation of Delhi Vs. Natraj Construction Company – Delhi High Court

Posted by IBC Laws Editoron March 23, 2023March 22, 2023in Arbitration-High Court, Newsletter-Arbitration

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An award passed without sufficient reasoning/in contravention of Section 31 of Arbitration and Conciliation Act, 1996, cannot be sustained in the eyes of the law – The Oriental Insurance Co. Ltd. Vs. HCL Infosystems Ltd. – Delhi High Court

Posted by IBC Laws Editoron March 17, 2023March 21, 2023in Arbitration-High Court, Newsletter-Arbitration

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Dodballapur Integrated Textile Park Ltd. Vs. Mr. Vinod G. Jain – Karnataka High Court

Posted by IBC Laws Editoron March 16, 2023March 27, 2023in Arbitration-High Court

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The court does not possess the power to modify an arbitral award while hearing a challenge under Section 34 of Arbitration and Conciliation Act, 1996, however, while exercising power under Section 34 can set aside an award partially – Amazing Research Laboratories Ltd. Vs. Krishna Pharma – Delhi High Court

Posted by IBC Laws Editoron March 15, 2023March 15, 2023in Arbitration-High Court, Newsletter-Arbitration

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Once a decision is made in application under Section 34 of Arbitration and Conciliation Act 1996, the Court has no power to remit the arbitration matter to the Arbitrator – M/s. Sri Rama Constructions Vs. M/s. Max Infra (I) Ltd. – Telangana High Court

Posted by IBC Laws Editoron March 14, 2023March 14, 2023in Arbitration-High Court, Newsletter-Arbitration

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Case of Majority Tribunal vs. Dissenting minority Arbitrator’s view on compounding of interest on monthly basis or not – M/s. Modi Construction Company Vs. M/s Ircon International Ltd. – Delhi High Court

Posted by IBC Laws Editoron March 14, 2023March 14, 2023in Arbitration-High Court, Newsletter-Arbitration

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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