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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 |   368 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 |   578 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 |   264 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 |   280 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 |   473 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 |   205 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 |   217 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 |   8832 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 |   217 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 |   1265 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 |   218 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 |   143 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 |   182 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 |   270 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 |   342 Views

17 August 2017 at 11:08

Licenses for import, transport or storage of petroleum


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 |   556 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 |   246 Views

08 August 2017 at 12:56

Appointment of small share holder director

  POSTED BY Ramaswami Kalidas

Section 151 of the Companies Act, 2013-Small shareholders� rights to appoint Nominee on the Board-Whether their rights have been scuttled by Alembic Pharma Section 151 of the Companies Act, 2013 (hereinafter referred to as �The Act&rd

  0 comments |   212 Views

31 July 2017 at 13:14

Shifting of registered office

  POSTED BY Anjali Gorsia

Ministry of Corporate Affairs has issued the notification to further amend the Companies (incorporation) Rules, 2014 (hereinafter referred to as the principal rules) namely: the Companies (incorporation) Second Amendment Rules, 2017.They shall come i

  0 comments |   246 Views

28 July 2017 at 12:12

Employees can approach NCLT for recovery of dues under IBC 2016

  POSTED BY Anjali Gorsia

In general parlance, if we consider our global business, it is the fusion of Assets and Liabilities which generates the revenue or surplus or profit, whatever may be terms but finally ends up with one five letter word 'MONEY' for the company.

  2 comments |   2315 Views


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