Litigation And ADR In COVID-19 Times (Video)

Article 21 of the Indian Constitution provides for the fundamental right to life and personal liberty, and its interpretation by the Indian judiciary has significantly impacted the protection of

A two judge bench of the Hon’ble Supreme Court of India (“Supreme Court”) in S. Valliammai and Ors. vs. S. Ramanathan and Anr. recently held that Order II Rule 2, Code of Civil Procedure, 1908 (“CPC”) cannot constitute a ground for rejection of plaint under Order VII Rule 11(d) of the CPC. The Supreme Court drew a critical distinction between the two provisions clarifying that while Order II Rule 2 curtails the right to sue for certain claims or reliefs, but it does not bar filing of a suit under Order VII Rule 11(d) of the CPC.

When it comes to dispute resolution, the paths one can take are numerous, yet two main avenues often dominate the landscape: arbitration and litigation.

An arbitration agreement has a life separate and distinct from the contract. The doctrine of separability in essence postulates the independence of an arbitration clause from the underlying contract.

In an important judgment on service law and government employment, the Supreme Court has reaffirmed that an employee appointed for a fixed tenure subject to the condition “until further orders” cannot claim an enforceable right to continue for the entire tenure merely because the appointment order mentions a specified term...

M/s Lakshmi Ganesh Textiles Ltd ("Respondent No. 2"), initially a public company, changed to a private company on 30.06.2011. It signed a sale agreement on 22.01.1998 with the Cotton Corporation of India Ltd...

Lord (Peter) Goldsmith had said in the Delhi Arbitration Weekend 2023 that, "if confidentiality of the arbitration proceedings is extended to court proceedings it would respect party autonomy which can lead parties to avoid their frail finances being discussed in open court."

The Supreme Court of India has applied the doctrine of 'transnational issue estoppel' in a landmark ruling, establishing that parties cannot re-litigate issues already decided by foreign courts when challenging foreign award enforcement in India. This decision addresses the critical intersection of international arbitration, foreign judgments, and domestic enforcement proceedings.

The effectiveness of international arbitration ultimately depends not on obtaining an arbitral award, but on successfully enforcing it against the losing party. An arbitration award that cannot be enforced is little more than a paper victory. For this reason, the recognition and enforcement of foreign arbitral awards remain one of the most important pillars of international commercial arbitration.

Even though LOI’s are routinely employed by commercial parties as the initial step toward the execution of a formal agreement, their effect, whether they culminate in a concluded contract or operate as an expression of an intent to contract in the future, has engaged the courts and stakeholders in long time debates.

This is a ready reference for certain important provisions common to most Institutional Arbitrations.

This is a ready reference for certain important provisions of Singapore International Arbitration Centre (SIAC)

In a significant move to streamline and modernize the corporate landscape, the Ministry of Corporate Affairs (MCA) has mandated that all private companies (other than those classified as small companies), ...

2015 amendment to Arbitration & Conciliation Act ("Act") brought about serious overhaul to the justice delivery system through arbitration.

The Ministry of Corporate Affairs, through its notification dated February 12, 2025, has extended the deadline for the mandatory dematerialization of shares for private companies (excluding small companies)...

On November 7, 2024, MSME issued a notification mandating the registration of all companies under the Companies Act, 2013, with an annual turnover exceeding INR 250 crore, along with all CPSEs, on the TReDS platforms.

The Competition (Amendment) Act, 2023 ("Amendment Act"), introduced in April 2023, has ushered in significant reforms to India's anti-trust legal framework.

Arjun Anand and Vikas Goel our Corporate-M&A and Arbitration-Litigation discussing applicability of Force Majeure clause in COVID-19 scenario.

Everything depends on the intentions of the parties.

Transfer of shares also attracts Stamp Duty on the execution of share transfer instrument.