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22 December 2017 at 16:51

Singapore High Court alters the Arbitration Agreement

  POSTED BY S. Ravi Shankar

In normal circumstances courts, do not alter any contract because parties have the supremacy to decide the provisions of a contract, however fair or unfair it may be. But many a times interpretation of arbitration clauses have been a challenge to the

  0 comments |   303 Views

22 December 2017 at 16:51

Types of creditors under the Insolvency and Bankruptcy Code, 2016

  POSTED BY Kapil Chandna

The Insolvency and Bankruptcy Code, 2016, is one of the newest entries to the legal framework of the country. This code has been a much awaited introduction to the financial laws in India and it aims at protecting the interests of small investors an

  2 comments |   1115 Views

14 December 2017 at 10:32

President Gives Assent To Insolvency And Bankruptcy Code

  POSTED BY Sanjeev Sirohi

Let me begin at the very beginning by pointing out that the President Ram Nath Kovind has given his assent to the Ordinance approved by the Union Cabinet to amend the Insolvency and Bankruptcy Code (IBC), which is primarily aimed at strengthening the

  0 comments |   240 Views

13 December 2017 at 11:29

Whether insolvency proceedings could be start against guarantor?

  POSTED BY CS Divesh Goyal

Short Summary:In this flash tabloid, the writer initiates by speak of the provisions of Insolvency & Bankruptcy Code, 2016 (hereafter referred as 'IBC') in relation to power Creditor to file application against Corporate Guarantor.The mai

  0 comments |   419 Views

13 December 2017 at 11:29

Know what to follow for Successful Incorporation of Company

  POSTED BY Shrijay Sheth

Starting a business, especially when it is a corporate entity is very essential step taken by any entrepreneur. Every person seeks to get a flawless start of the business when it comes to Compliance with Legal Provisions. Not necessarily, a layman wo

  0 comments |   156 Views

07 December 2017 at 10:27

Indian Law relating to Emergency Arbitrator

  POSTED BY S. Ravi Shankar

Introduction: Prior to 2010, parties using international arbitration as the dispute resolution mechanism did not have an effective procedure relating to interim relief. The most important reason for parties opting for international arbitration is the

  0 comments |   241 Views

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 |   169 Views

08 November 2017 at 11:58

Non-compliance can result in imprisonment - Strictness of government


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 |   710 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 |   310 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 |   401 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 |   627 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 |   300 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 |   308 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 |   506 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 |   225 Views

15 September 2017 at 17:34

SEBI tightens listing requirements - Present limits & impact of changes


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 |   227 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 |   9545 Views

13 September 2017 at 11:56

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


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 |   234 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 |   1750 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 |   236 Views


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