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12 February 2019 at 16:35

If an Arbitration Award is set aside, arbitration can be initiated again

  POSTED BY S. Ravi Shankar

If an Arbitration award is challenged by a party and consequentially is set aside in a petition filed under S.34 of the Arbitration and Conciliation Act,1996, the losing party has every right to initiate a fresh arbitration again. Delhi High Court wh

  1 comments |   129 Views


08 February 2019 at 11:09

Activate Your DIN With Minimal Effort!

  POSTED BY Shweta Gupta

An Easy Resolution To A Grim Situation!Quite a few positive news, from various Courts, has trickled in regarding the removal of Directors disqualification. In a major victory for the aggrieved Directors, in December 2018, the Gujarat High Court quash

  0 comments |   158 Views


08 February 2019 at 11:04

Black listing of contractor impermissible after losing an arbitration on the same issue

  POSTED BY S. Ravi Shankar

Black listing of a contractor is a weapon in the hands of the employer that can be used against a contractor for a breach of contract or any willful default to complete the project as per the contract etc., Most of the contracts have such provisions

  1 comments |   83 Views


04 February 2019 at 11:36

Can Corporate Debtor file a criminal proceedings like dishonour of cheque complaint even after the moratorium order

  POSTED BY Lakshay Kewalramani

CASE COMMENT : SHAH BROTHERS ISPAT PVT. LTD. v .P. MOHANRAJ & ORS. Company Appeal (AT) (Insolvency) No. 306 of 2018 ABSTARCT Moratorium O

  0 comments |   84 Views


11 January 2019 at 13:04

Limitation for statutory arbitrations in India

  POSTED BY S. Ravi Shankar

Limitation to initiate a legal action is a globally recognized concept. Law of Limitation provides for a time restriction for initiating a legal action to an aggrieved party seeking to establish a legal right. That means even though you have a right,

  0 comments |   354 Views


07 January 2019 at 12:29

Are we still looking for committed than competent Arbitrators?

  POSTED BY S. Ravi Shankar

Arbitration can be protected only by neutral and committed arbitrators but unfortunately none of us want to engage/ nominate an arbitrator who declares that he/she would be neutral always. Due to shortage of work, Arbitrators require canvas for their

  2 comments |   128 Views


24 December 2018 at 13:36

Loopholes In 'Anti-Competitive Agreement' Under Competition Law

  POSTED BY Navin Kumar Jaggi

Section 3 of the Competition Act, 2002 deals with anti-competitive agreement between competitors. Section 3(1) disallows anti-competitive agreement between parties and the same is declared void under Section 3(2). Section 3(3) talks about horizontal

  1 comments |   120 Views


24 December 2018 at 13:36

Essence Of Competition Law In India: Concerning Section 4 Of The Competition Act

  POSTED BY Navin Kumar Jaggi

In the previous article, Section 3 of the Competition Act which has provisions for anti-competitive agreements and how such agreements can be rendered as void is covered. In this Part, Section 4 of the Competition Act has been covered to show how var

  0 comments |   76 Views


21 December 2018 at 13:22

Essence of Competition Law in India: Section 3 of the Competition Act

  POSTED BY Navin Kumar Jaggi

Before the enactment of the Competition Act, 2002, the arena of Competition Law was governed by the Monopolistic and Restrictive Trade Practice Act, 1969, during the post-independence period. It had become obsolete after a period of time and also, th

  1 comments |   146 Views


20 December 2018 at 12:09

Limitation to Challenge an arbitration award cannot be extended

  POSTED BY S. Ravi Shankar

In a recent judgement (Simplex Infrastructure Limited Vs Union of India) dated 05.12.2018, Supreme Court of India dealt with the issue of condoning the delay in challenging an arbitration award under section 34 of the Arbitration and Conciliation Act

  1 comments |   114 Views


22 November 2018 at 15:56

Liquidation process for Corporate Persons

  POSTED BY Shweta Gupta

The provisions dealing with the liquidation of corporate persons are imbibed in the chapter III of the part II of the Insolvency and Bankruptcy code.We at MUDS on having a glance at chapter III derived the interpretation that liquidation process can

  1 comments |   167 Views


21 November 2018 at 13:43

Delivery of Arbitration awards and Limitation to Challenge

  POSTED BY S. Ravi Shankar

India being a country of Adhoc arbitrations, the responsibility to manage the arbitrations also is on the arbitrators. The said Management of the case includes framing of arbitration procedure, arranging meetings, fixing deadlines, drafting of procee

  0 comments |   241 Views


19 November 2018 at 11:25

Examination of expert and fact witness in international arbitration

  POSTED BY S. Ravi Shankar

Arbitration is the private dispute resolution mechanism which is proved to be an effective alternate to the regular National Court dispute resolution through litigations in India. To become an arbitrator, there is no requirement of a legal or technic

  3 comments |   227 Views


23 October 2018 at 15:33

ESOP vs Phantom Stock - Track Changes

  POSTED BY Shweta Gupta

INTRODUCTION As its name suggest employee stock ownership plan is an extensive employee benefits offering that works as a meaningful way to drive employee satisfaction, motivation and retention.Whereas the employee benefit plan such as medical, life

  0 comments |   197 Views


03 October 2018 at 10:37

Court cannot remand an arbitration award to the tribunal suo motu

  POSTED BY S. Ravi Shankar

Even though arbitration is a private mechanism for resolving commercial disputes, the supervising courts have powers to supervise the arbitration and even to set aside an arbitration award on the grounds provided in the procedural law of the country.

  1 comments |   152 Views


12 September 2018 at 11:52

The Corporate Insolvency Procedure in India

  POSTED BY Shivi Gupta

Insolvency refers to the circumstances when a company or an individual cannot meet financial obligations or repay any outstanding financial loan owed to lenders. The company or individual may prevent insolvency proceedings from being initiated agains

  1 comments |   571 Views


12 September 2018 at 11:52

Understanding the concept of Significant Beneficial Owners

  POSTED BY Manish Tiwary

Preface of the Rules:Financial Action Task Force (FATF)an inter-governmental body established in 1989 formed with the objective to set standards and promote effective implementation of legal, regulatory and operational measures for combating money la

  0 comments |   239 Views


27 August 2018 at 16:29

The Law relating to significant beneficial ownership in Shares - Some perspectives

  POSTED BY Ramaswami Kalidas

IntroductionIt would be a travesty to state that the Companies Act, 2013 (hereinafter �the Act�) has stabilized in its operation since it received the stamp

  0 comments |   343 Views


16 August 2018 at 10:53

Indian Govt. v/s defaulting companies

  POSTED BY Shweta Gupta

WARNING BELL:2017 saw some stringent action by MCA against erring companies and as a result RoCs removed approximately 2,30,000 companies from the register of companies. Since then, the media has been reporting of an extensive crack down on non-compl

  0 comments |   390 Views


16 August 2018 at 10:53

Implications of amendments made by SEBI to Listing Regulations, 2015

  POSTED BY Ramaswami Kalidas

Implications of amendments made by SEBI to Listing Regulations, 2015IntroductionIn exercise of its powers conferred on it under the SEBI Act, 1992, in terms of its Notification No.SEBI/LAD-NRO/GN/2018/10 dated May, 9, 2018 , SEBI has put through a sl

  1 comments |   247 Views










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