This article is an attempt to examine the issue of admission of an insolvency petition where arbitration proceedings are pending/ongoing and the vice versa appointment of an Arbitrator (or the initiation of Arbitration proceedings) during the stage of pendency of an Insolvency Petition, in the light of the analysis of recent judgments and Orders.
Category: Topic wise Article-Arbitration
Commercial Law and Procedures in Recent Cases in Dispute Resolution – August 2023 -Part 2 -By Gunjan Chhabra
Commercial Law and Procedures in Recent Cases in Dispute Resolution – August 2023 -Part 2 By Gunjan Chhabra(Visit here to read more Case Briefs by Gunjan Chhabra) Understanding the Level of Scrutiny of an Award Passed by a Technical Tribunal in…
Mediation Bill: Empowering Dispute Resolution in India’s Insolvency Framework – By Devashish Bhattacharyya and Vaishnavi Sharma
This article provides an overview of the significance of mediation in India, particularly in the context of the IBC. It highlights the adoption of the Mediation Bill 2021, to promote accessible and popular mediation practices. The Singapore Convention on Mediation and its benefits for enforcing settlement agreements globally are discussed. The successful incorporation of mediation in insolvency processes in the United States of America, the United Kingdom, the European Union, Japan, Singapore, and Australia offers valuable insights for India. The article also emphasizes the need for effective measures to address delays in the application of the CIRP and the importance of voluntary participation in mediation. It also highlights the importance of formalizing mediation within the IBC and addressing challenges related to pre-litigation mediation, exceptional circumstances, international mediation, and the modification of moratorium provisions. Overall, mediation is recognized as a valuable tool for efficient dispute resolution and stakeholder protection in insolvency cases.
Third-Party Funding in International Commercial Arbitration: Next Step for India – Maitrey Chaudhary
Third-Party Funding in International Commercial Arbitration: Next Step for India Maitrey ChaudharyA student at NLU, Lucknow During the 'Arbitrate in India Conclave, 2022' panel discussion, Justice Sikri highlighted India's aspirations to position itself as the hub of international arbitration. It…
Shielding Sensitive Information in Arbitration: Strategies for Ensuring Cyber Security and Confidentiality – Deepesh Tapariya and Tarang Arora
Shielding Sensitive Information in Arbitration: Strategies for Ensuring Cyber Security and Confidentiality Deepesh Tapariya and Tarang AroraMaharashtra National Law University, Nagpur Introduction: When I was young my teachers were the old. I gave up fire for form till I was…
Decoding Commercial Legal Landscapes: A Collection of Recent Judgments Shaping Arbitration, Patent Rights, and Procedural Jurisdiction – August 2023 – Part 1
Decoding Commercial Legal Landscapes: A Collection of Recent Judgments Shaping Arbitration, Patent Rights, and Procedural Jurisdiction – August 2023 – Part 1 By Gunjan Chhabra(Visit here to read more Case Briefs by Gunjan Chhabra) Resolving Patent Disputes: RxPrism Inc. vs. Canva…
Enforceability of Unstamped Arbitration Agreements in India: N.N. Global Analysis – Shubham Singh
In a recent ruling by the Supreme Court of India's Larger Bench in the case of N.N. Global Mercantile Private Limited v Indo Unique Flame Ltd and Others (2023) ibclaw.in 56 SC, the majority of 3:2 held that an unstamped document that is required to have stamp duty and includes an arbitration clause cannot be considered a legally enforceable contract under Section 2(h) of the Indian Contract Act 1872. As a result, it is unenforceable under Section 2(g) of the Contract Act. This ruling was reached as a consequence of a referral to the Larger Bench, which took into account the contradictory judgements of other Supreme Court of India benches.
Seat v. Venue – An Endless Pursuit in Domestic Arbitrations – Niharika Bandreddy
Seat v. Venue - An Endless Pursuit in Domestic Arbitrations Niharika BandreddyA student at Pendekanti Law College, Telangana Introduction “Arbitration” is an Alternate Dispute Resolution mechanism availed by individuals and other entities with regard to commercial disputes. It acts as a…
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Unveiling the Gavel’s Verdicts: July 2023 Commercial Judgments Update-Part 1
Unveiling the Gavel’s Verdicts: July 2023 Commercial Judgments Update-Part 1 By Gunjan Chhabra (Visit here to read more Case Briefs by Gunjan Chhabra) Does the High Court always have jurisdiction to Extend Time Limit of Arbitration Proceedings? This issue arose in…
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Limitation Imposed on the Powers of Constitutional Courts under Section 34 of Arbitration & Conciliation Act, 1996 – Shravin Relan
This article aims to analyze a recent judgment in M/s A.G. Enviro Infra Projects Pvt. Ltd Vs M/s J.S. Enviro Services Pvt. Ltd. reported at (2023) ibclaw.in 400 HC, delivered by the Single Judge Bench of the Delhi High Court on 12th June 2023. The Judgment delivered by Justice Chandra Dhari Singh relates to Section 34 of the Arbitration & Conciliation Act and throws light on the restrictions which are imposed on the powers of constitutional courts through legislative mandate and prior amendments when dealing with matters involving the challenge to an arbitral award rendered by the arbitral tribunal.