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Articles by S. Ravi Shankar

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Conditions Precedents & Damages in Infrastructure Contracts

  S. Ravi Shankar   22 February 2018 at 11:24

In most of the Build operate Transfer types of contracts (BOT), we normally see a chapter called conditions Precedent. These conditions precedents impose certain obligations on both the parties which are to be fulfilled or waived off for the starting ..


Posted in Corporate Law  1 comments |   665 Views


Arbitration Clauses in Government Infrastructure Contracts

  S. Ravi Shankar   16 February 2018 at 11:01

In our country, everyday there are many announcements about new launch of infrastructure projects on either BOT basis or Annuity basis or EPC basis etc., But most of them end up in arbitrations due to delay in completion or termination or escalation ..


Posted in Corporate Law  2 comments |   1216 Views


The Award passed on the point of Limitation is an interim Award

  S. Ravi Shankar   01 February 2018 at 10:13

In a recent Judgment delivered on 23rd January 2018 in the matter of M/S. Indian Farmers Fertilizer Co-operative Limited Vs M/S. Bhadra Products, Supreme Court of India dealt with an interesting issue �Whether an arbitration award passed by an ..


Posted in Corporate Law  1 comments |   619 Views


Advantage of an Indian Seat of International Arbitration

  S. Ravi Shankar   30 January 2018 at 10:32

These days many foreign law firms have started recommending Foreign companies to agree on an arbitration clause proving India seated International Arbitration. Hence, the negative feeling about having an Arbitration in India is slowly changing. The P ..


Posted in Corporate Law  2 comments |   832 Views


A mere reference of another Contract with an Arbitration clause is not sufficient to refer the matter to Arbitration

  S. Ravi Shankar   23 January 2018 at 14:03

In a recent Judgment, High Court of Delhi in Shree Ganesh Metals Vs Glencore International AG (2017 SCC Online Del 11435) that a mere reference of another Contract with an Arbitration clause stating that the terms of that contract would apply, is not ..


Posted in Corporate Law |   546 Views


Lawyers can issue notice under Insolvency Code - Supreme Court of India

  S. Ravi Shankar   02 January 2018 at 11:03

In a recent Judgment delivered on 15th December 2017 in a matter between Macquaire Bank Limited (Singapore) and Shilpi Cable Technologies Ltd., reported as 2017 SCC Online SC 1493, Supreme Court of India reversed the Judgment of National Company Law ..


Posted in Corporate Law  2 comments |   926 Views


Singapore High Court alters the Arbitration Agreement

  S. Ravi Shankar   22 December 2017 at 16:51

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 ..


Posted in Corporate Law |   633 Views


Plea not taken in the Arbitration cannot be raised in S.34 or in the SLP - SC

  S. Ravi Shankar   18 December 2017 at 12:27

Arbitration is kept beyond the technical complex procedures prescribed in the Code of Civil Procedure & Evidence Act. Arbitration Procedure can be either decided by the parties jointly or by the arbitrator in consultation with parties, in case of ..


Posted in Others |   681 Views


Indian Law relating to Emergency Arbitrator

  S. Ravi Shankar   07 December 2017 at 10:27

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 ..


Posted in Corporate Law |   571 Views


Indian Party by consent can choose a Foreign Court for resolving the dispute with a foreign party

  S. Ravi Shankar   27 November 2017 at 13:35

Choosing a neutral seat of Arbitration, is an established and well recognized practice in the field of International arbitration. But normally parties cannot vest jurisdiction to a court, by consent when the said court does not have a jurisdiction by ..


Posted in Others |   318 Views