Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 15 NOVEMBER 2024

Dispute Resolution & ADR Newsletter - November 2024

Fox & Mandal
Explore more from Fox & Mandal

Welcome to the latest edition of the Fox & Mandal Dispute Resolution & ADR Newsletter. In this edition, we examine the impact of various judgments rendered by the Supreme Court of India, High Courts and tribunals on the dispute resolution and ADR ecosystem in the country.

IndiaLitigation, Mediation & Arbitration
Kunal Vajani
Kunal Vajani
Ashutosh Gupta
Ashutosh Gupta
Kunal Mimani
Kunal Mimani
Kartikey Bhatt
Kartikey Bhatt
Prashant Alai
Prashant Alai
Shubhang Tandon
Shubhang Tandon
Abhinav Jain
Abhinav Jain
Abhinav Rana
Abhinav Rana
Akshay Luthra
Akshay Luthra
+3 more
Author LinkedIn connections

Dispute Resolution & ADR Newsletter - November 2024 (pdf)

Consent of a non-signatory not required for appointment of arbitral tribunal

Yves Saint Laurent v. Brompton Lifestyle Brands Pvt Ltd & Anr

Delhi High Court | September 18, 2024 OMP (T) (Comm) No. 29 of 2023

The Delhi High Court recently held that a non-signatory's consent is not required for the appointment of an arbitral tribunal. In coming to this conclusion, the Court's reasoning – that a 'party' under Section 2(1)(h) of the Arbitration and Conciliation Act, 1996 (Act) does not include a non-signatory – seems to be inconsistent with the Supreme Court's decision in Cox and Kings Ltd v. SAP India Pvt Ltd1 where it was held that 'parties' includes both signatories and nonsignatories, while leaving it to the arbitral tribunal to decide on the impleadment of the nonsignatory as a veritable party to the arbitration. In light of this, a claimant initiating arbitration cannot assume that such a

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Section 138 Of The Negotiable Instruments Act: What The Supreme Court’s New Procedural Guidelines Mean For Cheque-Bounce Cases

A cheque is supposed to offer something close to certainty in a commercial transaction. When a cheque is issued, the recipient ordinarily expects that it will be honoured when presented. A dishonoured cheque, therefore, is not merely a failed payment; it can have wider consequences for the credibility and discipline of commercial dealings.
IndiaLitigation, Mediation & Arbitration
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
Article

Understanding The Treatment Of An HUF Under The Income Tax Act, 1961

A Hindu Undivided Family (HUF) is a unique legal institution recognised under Hindu personal law, arising from the joint status of a family, rather than any formal act of creation. It is ordinarily constituted of every person lineally descended from a common ancestor, together with their wives, sons, and unmarried daughters. Within this structure, a coparcener refers to a member who acquires an interest in joint family property by birth and has the right to seek partition.
IndiaTax
Fox & Mandal
Fox & Mandal
Article

The Promotion And Regulation Of Online Gaming Rules, 2026: Collapse Of The Skill-chance Distinction

The regulatory framework governing gaming in India has long been marked by regulatory uncertainty characterised by inconsistent state legislation and evolving jurisprudence. Historically, Indian gaming jurisprudence drew a sharp distinction between games of skill and games of chance, with Courts repeatedly holding that skill-dominant games such as rummy and certain formats of poker could not be equated with gambling, thereby granting them constitutional protection under Article 19(1)(g).
IndiaMedia, Telecoms, IT, Entertainment
Fox & Mandal
Fox & Mandal
Article

India's Press Note 3 Overhaul: From Restriction To Strategic Recalibration

The Indian government recently approved a significant amendment to the country’s Foreign Direct Investment (FDI) framework, specifically targeting investments in which the ultimate beneficial ownership traces back to countries sharing a land border with India (LBCs). The formal implementing notification was issued by the Department for Promotion of Industry and Internal Trade (DPIIT) in Press Note 2 (2026 Series) on March 15, 2026 (PN2), amending the extant FDI Policy.
IndiaGovernment, Public Sector
Fox & Mandal
Fox & Mandal
Article

Dispute Resolution & ADR Newsletter - September 2026

The September 2026 edition of Fox & Mandal's Dispute Resolution & ADR Newsletter analyses a trademark ruling protecting F&M’s legacy and goodwill; classification of unadjudicated breach of contract claims as constituting operational debt under IBC; test of attribution of mens rea in a corporate criminal prosecution; application of SARFAESI to loans acquired from NBFCs not covered by the Act; and other recent judgments of the Supreme Court of India and various High Courts.
IndiaInsolvency/Bankruptcy/Re-Structuring
Fox & Mandal
Fox & Mandal
Article

Recent Developments In India's Corporate & Commercial Laws – January 2026

The January 2026 edition of Fox & Mandal's newsletter examines the Securities Markets Code, 2025; revised definition of ‘small company'; liberalisation of the nuclear sector; amendments to the merchant banking regulations and the priority sector lending framework; locus of a housing society in the developer's CIRP; and other changes in India's corporate, capital markets, infrastructure, insolvency, and banking sectors.
IndiaCorporate/Commercial Law
Fox & Mandal
Fox & Mandal