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21 November 2017 at 13:22

Chinese Court (PRC) upholds the validity of “Arbitration or Litigation” Clauses

  POSTED BY S. Ravi Shankar

In most of the countries, if an intention of the party to go for arbitration can be traced from the dispute resolution clause between the parties, that clause is treated as a valid Arbitration clause. If there are dispute resolution clauses providing

  0 comments |   38 Views


08 November 2017 at 11:58

Non-compliance can result in imprisonment - Strictness of government

  POSTED BY RSJ LexComply

A country can never be developed until it is free of corruption and the only strategy to control corruption is implementing the laws strictly. As we know that Government of Indian with the help of various Ministries and departments is trying to imple

  9 comments |   519 Views


27 October 2017 at 12:37

Anomalies Of Section 3(1) Of The Indian Competition Act 2002

  POSTED BY Rishub

Anomalies Of Section 3(1) Of The Indian Competition ActThe first ever order under section 3(1) of the Competition Act, 2002 (Act), Ramakant Kini v. Dr. L.H. Hiranandani Hospital, Powai, Mumbai (Hiranandani),[1] has witnessed its fair share of controv

  0 comments |   194 Views


12 October 2017 at 12:03

Brief report of recommendations on corporate governance submitted to SEBI

  POSTED BY Anjali Gorsia

Stock Exchange Board of India (hereinafter referred as �SEBI�) has setup up committee under the chairmanship of Shri Uday Kotak, Executive Vice Chairman and Managing Director of Kotak Mahindra Bank on 2nd June, 2017, to advice on issues r

  1 comments |   212 Views


26 September 2017 at 10:56

Arbitrators can determine their fees despite agreement between parties

  POSTED BY S. Ravi Shankar

The globally recognized foundation of arbitration is �party autonomy� because parties come forward to waive off their rights to approach the national courts. Party autonomy is not a simple decorative phrase; it is almost absolute in natur

  4 comments |   396 Views


25 September 2017 at 17:11

Prior award by the same arbitrator between the same parties cannot be a ground for bias

  POSTED BY S. Ravi Shankar

India has amended its procedural law, Arbitration and Conciliation Act,1996 by an amending Act, Arbitration and Conciliation (Amendment) Act,2015 with effect from 23rd October 2015. The said amending Act brought in the requirement of Arbitrators decl

  0 comments |   195 Views


25 September 2017 at 17:11

Know the rational points to be kept in mind for stepping into corporate world

  POSTED BY Shrijay Sheth

Company form of organisation is well recognised Corporate Entity and developed form of business set up throughout the globe. The Companies Act, 2013 has brought major changes by increasing regulatory framework along with higher Professional Accountab

  0 comments |   236 Views


22 September 2017 at 11:36

2015 Amendments to the Arbitration Act are not applicable to cases in which invocation happened prior to amendment

  POSTED BY S. Ravi Shankar

2015 Amendment Act to the Arbitration and Conciliation Act,1996 brought in many changes to ensure impartiality and independence of the Arbitrators. The above said Amendment Act, came into force on 23rd October 2015. The Amendment Act brought in a man

  3 comments |   374 Views


21 September 2017 at 11:26

Documents having genesis with only a conciliation proceedings are Confidential in India

  POSTED BY S. Ravi Shankar

In India Arbitration and Conciliation felids are governed by Arbitration and Conciliation Act,1996 (The Act). The said Act determines the procedural aspect of Arbitration and Conciliation proceedings seated in India including the confidentiality of t

  2 comments |   149 Views


15 September 2017 at 17:34

SEBI tightens listing requirements - Present limits & impact of changes

  POSTED BY RSJ LexComply

In light of the ongoing practices by shell companies of getting entry into the stock market and becoming a helping hand for money laundering and frauds, The Securities and Exchange Board of India is planning to tighten the current listing criteria fo

  0 comments |   178 Views


15 September 2017 at 17:33

Disqualification under section 164 read with section 167

  POSTED BY Anjali Gorsia

This article is written in relation to recent MCA notices for the disqualification of directors under section 164 (2) of the Companies Act. Efforts have been made to make reader understand the section 164 along with section 167 of the Act.Notice appe

  0 comments |   4502 Views


13 September 2017 at 11:56

Relaxation in compliances for Shifting of Registered Office within the same State

  POSTED BY RSJ LexComply

Relaxation in compliances for Shifting of Registered Office within the same State from the jurisdiction of one Registrar of Companies to anotherThe Ministry of Corporate Affairs (MCA), in exercise of the powers conferred by section 469 of the Compani

  0 comments |   182 Views


12 September 2017 at 13:02

Restraint of Trade and its Exceptions

  POSTED BY Omkar Wangikar

Protection under the Constitution of India Part XIII of the Constitution of India contains provisions relating to the freedom of trade, commerce and intercourse within the territory of India. The provisions

  0 comments |   234 Views


11 September 2017 at 11:05

Emergency Arbitrator

  POSTED BY Nishtha Malhotra

The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried. - Sandra Day O'Connor Introd

  3 comments |   180 Views


05 September 2017 at 16:50

HC grants injunction against a London seated investment arbitration

  POSTED BY S. Ravi Shankar

In a recent Judgment Union of India Vs Vodafone Group PLC United Kingdom (2017) SCC Online Delhi 9930 dated 22nd August 2017, Delhi High Court granted injunction restraining Vodafone Group PLC United Kingdom from taking any action in furtherance of t

  2 comments |   113 Views


24 August 2017 at 11:55

Way forward on default by Jaypee Infratech under IBC 2016

  POSTED BY Hemant Sharma

Default by Jaypee-Infratech and Amrapali Group and their inclusion in the list of the 12 big corporate loan defaulters against which the Reserve Bank of India has ordered initiation of insolvency proceedings has resulted in cascading effect. It has n

  1 comments |   153 Views


22 August 2017 at 11:14

An award cannot be set aside because it is a non-speaking award

  POSTED BY S. Ravi Shankar

Even though the courts in India have consistently held that the Arbitrator is the final judge relating to finding of facts and relating to the interpretation of the terms of the contract. It is also have been a standard view that while exercising the

  3 comments |   203 Views


18 August 2017 at 11:12

Bank Guarantee can be released by an Additional Arbitration Award – Delhi High Court

  POSTED BY S. Ravi Shankar

One of the frequently encountered issue in arbitration proceedings is missing out of a claim and parties seeking remedy by way of an amendment to the award or by way of an additional award. Normally the scope of correction of the award under S.33 of

  0 comments |   264 Views


17 August 2017 at 11:08

Licenses for import, transport or storage of petroleum

  POSTED BY RSJ LexComply

During 19th century, use of petroleum was limited. Since petroleum is dangerous, India needed legislations for regulating petroleum. Finally Indian Petroleum Act, 1899 was passed. With the rapid developments in the use of petroleum that took place in

  1 comments |   167 Views


10 August 2017 at 16:40

Supervising court must pass a speaking order even while dismissing a challenge to an Arbitration award - Delhi High Court

  POSTED BY S. Ravi Shankar

All over the world, the supervising courts refrain themselves from interfering in an Arbitration award, for any other reason except those specified in the procedural law. Most of the Arbitration laws are similar to UNCITRAL Model law and hence the gr

  5 comments |   209 Views










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