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  • Article

    Invocation Of Personal Guarantees: When Does The Liability Of A Personal Guarantor Truly Arise?

    In the regime of insolvency and bankruptcy law in India, the question of when and how the liabilities of Personal Guarantors crystallize has become increasingly significant.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    NCLT Seeks Clarity On The Action Of ED

    In the market of changing scenarios, the companies are faced by numerous challenges on the business front.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Anti-fragmentation Rule And Business Activities Of A Foreign Enterprise In India : RGA Services International Reinsurance Company v. DCIT

    RGA International Reinsurance Company DAC, an Ireland-based life reinsurer entered into reinsurance arrangements with Indian insurers and received reinsurance premiums for assuming risk overseas.
    IndiaInsurance
    Acuity Law
    Acuity Law
  • Article

    The 'Monsoon Clause' In Insurance Contracts: Balancing Absurdity And Reasonableness – The Supreme Court's Judgment

    The Supreme Court of India recently delivered a significant judgment in the case of Sohom Shipping Pvt. Ltd. vs. The New India Assurance Co. Ltd. & Anr., cited as 2025 INSC 453.
    IndiaInsurance
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Bombay High Court Appoints Sole Arbitrator, Says Replacement Of Tender Arbitration Clause Not Shown Clearly At Section 11 Stage

    The Bombay High Court has allowed an application under Section 11 of the Arbitration and Conciliation Act, 1996 and appointed a sole arbitrator, holding that the respondent had not shown with sufficient clarity that the Mumbai arbitration clause in the tender document was replaced by a later clause providing for arbitration at Kolkata.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Certain Categories Of Disputes To Be Non-Arbitrable

    The Arbitral Tribunal is a private forum chosen by the parties to the dispute to get their civil or commercial disputes adjudicated.
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Foreign Judgment Does Not Guarantee Interim Relief: LLC Eurochem North-West-2 v Tecnimonth Spa

    The Bombay High Court declined to grant interim relief, where a judgment of the Commercial Court of the City of Moscow, Russia was sought to be relied on as conclusive evidence of debt. The Court held that a foreign judgment does not automatically entitle a party to interim protection in India where the judgment does not meet the test of conclusiveness under Indian law.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Judicial Interference In Domestic Arbitral Awards Restricted By The Delhi High Court

    Nordic Intertrade As (Norway) v. Steel Authority of India Limited , entailed a judicial challenge to a domestic arbitral award involving liability for payment of export duty in an FOB Contract.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Non-Compete Clause Not Enforceable At The Stage Of Granting Interim Reliefs Under S.9 Of Arbitration Act If Prima Facie The Aggrieved Party May Be Adequately Compensated By Damages

    The Delhi High Court, in a recent judgment in Las Ground Force Pvt. Ltd. v. Goldair Handling S.A [2024 DHC 9528] dealt with the enforcement of a non-compete clauses at the stage of granting interim reliefs within the framework of Section 9 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Recent Developments In International Commercial Arbitration In India

    Readers familiar with the Indian Arbitration and Conciliation Act, 1996, (Act) are aware that Indian seated arbitrations are divided into two categories viz, pure domestic arbitration and international commercial arbitration.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Specific And Express Reference Needed To Incorporate Arbitration Clause From Prior Contract: Supreme Court Of India

    In NBCC (India) Limited v. Zillion Infraprojects Pvt. Ltd., the Supreme Court of India ruled that simply mentioning another contract in an agreement would not automatically lead to incorporation of the arbitration clause in the subsequent agreement.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Supreme Court Sets Aside Tribunal's Order Which Fails To Consider Group Of Companies Doctrine: (ONGC v Discovery Enterprises Pvt Ltd & Anr)

    A three-judge Bench of the Supreme Court has set aside an arbitral tribunal's §16 order on the ground that it failed to consider the applicability of the "group of companies" doctrine.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Tata Sons Private Limited vs. Union Of India & Ors. [Writ Petition No. 4914 Of 2022 – Order Dated 30.04.2026]

    The Bombay High Court ruled on a writ petition filed by Tata Sons Private Limited challenging aspects of arbitration proceedings involving NTT Docomo Inc.
    IndiaLitigation, Mediation & Arbitration
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Authentication Of Digital Contracts

    The Information Technology Act is primarily based on United Nations Commission on International Trade Law (UNICTRAL) model law on electronic commerce.
    IndiaMedia, Telecoms, IT, Entertainment
    Diwan Advocates
    Diwan Advocates
  • Article

    Impact Of GST Rate Changes On The Automotive Sector

    The 56th GST Council meeting held in New Delhi on September 3, 2025, introduced significant reforms aimed at rationalising tax rates across sectors, including the automotive industry.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    COVID-19: Lessons Learnt In Commercial Contracts

    The COVID-19 pandemic arrived out of the blue and engulfed the world like wildfire.
    IndiaCoronavirus (COVID-19)
    BTG Advaya
    BTG Advaya
  • Article

    COVID-19 – A Force Majeure Event Or Simply A Pandemic?

    What is known to exist but is not visible is surrounded by mystery. It excites the imagination and people spin yarns about it.
    IndiaCoronavirus (COVID-19)
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Agency Law In The Digital Age: Revisiting Section 182 Of The Indian Contract Act, 1872

    Section 182, Indian Contract Act, 1872, has now painfully emerged to be expediently self-evident which must evolve in light of the new challenges and the nuances that the digital revolution has introduced and the emerging e-commerce platforms have brought about.
    IndiaCorporate/Commercial Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Goods And Services Tax (GST) Implications On ‘Liquidated Damages

    ‘Liquidated Damages' means a compensation specified under the contract agreed between the parties for an estimated loss and which is required to be paid upon failure of either party to perform its obligations.
    IndiaCorporate/Commercial Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Inter-se Disputes Involving Partners In An LLP — NCLT Not The Appropriate Forum

    The Delhi High Court in a recent unreported judgment in Aanchal Mittal & Ors. v. Ankur Shukla [CM (M) 1086/2021 and CM No. 42689/2021] has clarified that inter se disputes between partners...
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Showing 301–320 of 2093 results

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