05Dec An Order under Section 17 of Arbitration and Conciliation Act, 1996 insofar as it affects the rights and remedies of third party secured creditors deserves to be set aside – Asset Reconstruction Company India Ltd. v. ATS Infrastructure Ltd. & Ors. – Delhi High Court Posted by Z B Bon December 5, 2023December 4, 2023in Arbitration-High Court, Case Laws-SARFAESI-High Courts, Newsletter-Arbitration Case, Newsletter-RDB NI Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
25Nov An inadequately/insufficiently stamped instrument/document/agreement shall not preclude a party from seeking interim measures as contemplated under Section 9 of Arbitration and Conciliation Act, 1996 – L & T Finance Ltd. Vs. Diamond Projects Ltd. and ors. – Bombay High Court Posted by Z B Bon November 25, 2023November 24, 2023in Arbitration-High Court, Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
25Nov Whether Court has jurisdiction to entertain a petition under Section 29A(4) of Arbitration and Conciliation Act, 1996 after expiration of the period under Section 29A(1) and/or 29A(3) – ATC Telecom Infrastructure Pvt. Ltd. Vs. Bharat Sanchar Nigam Ltd. – Delhi High Court Posted by Z B Bon November 25, 2023November 25, 2023in Arbitration-High Court, Judgment of Day-Arbitration, Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
25Nov The requirement of making of an application under Sec. 8(1) of Arbitration and Conciliation Act, 1996 seeking reference of the disputes between the parties to arbitration is more a requirement of form than of substance – Madhu Sudan Sharma & Ors. Vs. Omaxe Ltd. – Delhi High Court Posted by Z B Bon November 25, 2023November 24, 2023in Arbitration-High Court, Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
25Nov Amounts received by Partner upon retirement from Partnership Firm in terms of Arbitration Award is not chargeable to tax under Income Tax Act, 1961 – Ramona Pinto Vs. Deputy Commissioner of Income Tax – Bombay High Court Posted by Z B Bon November 25, 2023November 24, 2023in Arbitration-High Court, Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
25Nov Since suit filed without exhausting the remedy of Pre-Institution Mediation in violation of the mandate of Section 12A of the Commercial Courts Act, 2015 is not maintainable – HQ Lamps Manufacturing Co. Pvt. Ltd. Vs. Everlight Electronics India Pvt. Ltd. & Anr. – Delhi High Court Posted by Z B Bon November 25, 2023November 24, 2023in CCA-Commercial Courts Act Case Laws (High Court &Supreme Court), Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
20Nov IBC Laws e-Journal – Dispute Resolution Bulletin – November, 2023 Posted by IBC Lawson November 20, 2023November 20, 2023in Dispute Resolution Bulletin-eJournal, IBC News, Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
09Nov For an arbitration clause to be legally binding it has to be in consonance with the “operation of law” which includes the Grundnorm (Kelson’s Pure Theory) – Lombardi Engineering Ltd. Vs. Uttarakhand Jal Vidyut Nigam Ltd. – Supreme Court Posted by Z B Bon November 9, 2023November 8, 2023in Arbitration-Supreme Court, Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
07Nov MSE Facilitation Council cannot initiate proceeding under Section 18(3) of MSMED Act, 2006 without recording that the conciliation failed and the proceeding under Section 18(2) is terminated which is mandatory under the Act and non-recording the same is a ground for Writ Petition – Tata Projects Ltd. Vs. SVS & Company – Chhattisgarh High Court Posted by Z B Bon November 7, 2023November 8, 2023in Arbitration-High Court, Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.
31Oct If a Court while deciding a petition under Section 34 of the Arbitration Act has not exceeded the scope of its jurisdiction, then a Court hearing an appeal under Section 37 will not upset the concurrent findings as given by the Arbitrator and the Court u/s 34 – Kamal Kumar Vs. Municipal Corporation of Delhi – Delhi High Court Posted by Z B Bon October 31, 2023November 1, 2023in Arbitration-High Court, Newsletter-Arbitration Case Username Password Remember Me Forgot Password In case you've already logged in, click here to know why you're not able to access this content.