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  • Article

    Arbitral Award Must Be Within The Parameters Of The Agreement Between The Parties

    Arbitration, as an alternative dispute resolution mechanism, is founded on the doctrine of party autonomy. It derives its validity not from legislative command but from the consent of the parties who choose to submit their...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Bombay High Court Upholds Consolidation Of Claims Under Multiple Similar Contracts In Arbitration Proceedings

    The Bombay High Court in the recent judgment of BST Textile Mills Pvt. Ltd. v. The Cotton Corporation of India Ltd., dismissed the petition which aimed to set aside an arbitral award on the ground that ...
    IndiaLitigation, Mediation & Arbitration
Phoenix Legal
Phoenix Legal
  • Article

    Can One Escape From The Stipulations Of A Contract Signed By Oneself? – An Insight Into The Latin Maxim Of Non Est Factum

    The Division Bench of the Hon'ble Supreme Court of India has recently rendered a noteworthy judgment related to the plea of non est factum.
    IndiaLitigation, Mediation & Arbitration
    Economic Laws Practice
    Economic Laws Practice
  • Article

    Can WhatsApp And Emails Form Binding Arbitration Agreements? Decoding Delhi High Court's Verdict

    It started with a WhatsApp ping. A few emails later, a ship was en route carrying coal worth millions. But when the buyer backed out and a legal battle began...
    IndiaLitigation, Mediation & Arbitration
    AK & Partners
    AK & Partners
  • Article

    Delay In Filing A Suit Does Not Preclude A Plaintiff From Seeking Urgent Interim Relief Without Exhausting The Requirement Of Pre-suit Mediation Under The Commercial Courts Act, 2015

    JSA successfully represented Chemco Plastic Industries Private Limited ("Plaintiff-Respondent") before the Bombay High Court ("Bombay HC"), which has inter alia held that in deciding whether a plaintiff.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Dispute Resolution & Arbitration Monthly Newsletter I September 2021

    Based on an erroneous interpretation of Section 28 of the Indian Contract Act, 1872 (Contract Act), Punjab National Bank (PNB/Respondent No. 1) forced a mandatory and unalterable claim period...
    IndiaLitigation, Mediation & Arbitration
    HSA Advocates
    HSA Advocates
  • Article

    Mandatory Pre-Institution Mediation: Commercial Courts

    The Commercial Courts (Pre Institution Mediation and Settlement) Rules, 2018 ("the Rules") have been made under Section 21A(2) read with Section 12A(1) of the Commercial Courts Act, 2015.
    IndiaLitigation, Mediation & Arbitration
    NovoJuris Legal
    NovoJuris Legal
  • Article

    Party Autonomy To Choose Governing Law And Seat Of Arbitration

    Provided they have not excluded the applicability of Part I of the Act, a party can still seek interim relief protection under Part I of the Act.
    IndiaLitigation, Mediation & Arbitration
    BTG Advaya
    BTG Advaya
  • Article

    Pre-Institution Mediation Under The Indian Commercial Courts Act: A Strategic Advantage

    A 2018 amendment to the Indian Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Strict Interpretation Of Acknowledgment Under Section 18 Of The Limitation Act: Supreme Court's Guard Against Diluting Limitation Law

    The law of limitation serves a crucial function in ensuring legal certainty, finality of disputes, and timely enforcement of rights. Section 18 of the Limitation Act, 1963, allows the limitation period for initiating ...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supreme Court: For The Parties To Be Referred To Arbitration, There Must Be A Specific And Conscious Incorporation Of An Arbitration Clause From Another Contract

    In NBCC (India) Limited vs. Zillion Infraprojects Pvt.Ltd., the Supreme Court has held that a general reference in a contract ("Contract 1") to a separate contract...
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    The Limitation Clock On Money Recovery: Understanding Article 113, Acknowledgment And Extension Under Indian Law

    Understanding the critical timelines and legal frameworks governing money recovery suits in India requires navigating the complex interplay between the Limitation Act of 1963 and the Indian Contract Act of 1872. When does the clock actually start ticking on your right to sue, and how can acknowledgments or digital evidence extend or restart that crucial three-year window?
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Warner Bros. vs. NBA: Legal Clash Over Matching Offer Rights

    In the intricate world of legal battles, few cases capture the essence of corporate litigation quite like the recent suit filed by Warner Bros. against the NBA over a matching offer dispute. This case has garnered...
    IndiaLitigation, Mediation & Arbitration
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Basics Of A Film Distribution Agreement

    Commercial films almost always pass through one, and at times several, distributors. Film distributors are, in some ways, agents of the producers.
    IndiaMedia, Telecoms, IT, Entertainment
    Ikigai Law
    Ikigai Law
  • Article

    ITAT Mumbai Clarifies: MLI Provisions Require Separate Notification To Be Enforceable

    In a significant and far-reaching ruling, the Mumbai ITAT, in the case of Sky High Appeal XLIII Leasing Company Limited [TS-1085-ITAT-2025(Mum)], discussed in detail the applicability...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Bills Of Lading: Basic Concepts And Issues

    A bill of lading is more than a mere contractual or legal or transport document. It evidences several facets of relationships between various parties and continues to be debated in the legal circles regarding its form and significance.
    IndiaTransport
    Metalegal Advocates
    Metalegal Advocates
  • Article

    Can Every Breach Or Non-Performance Be Justified Or Excused On Invocation Of COVID-19 As A Force Majeure: Delhi High Court Verdict

    COVID-19 has caused tremendous economic loss, delays in project completion, missing of targets and milestones and potential breaches and disputes among contracting parties.
    IndiaCoronavirus (COVID-19)
    LexCounsel
    LexCounsel
  • Article

    Exclusivity Of Territorial Jurisdiction

    Parties often mutually agree to subject their disputes in relation to a contract to a Court of their choice.
    IndiaCorporate/Commercial Law
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Ind AS 115 - Revenue Recognition By Real Estate Entities

    Revenue recognition is a cornerstone of accrual accounting system which determines the accounting period in which revenues and expenses are to be realized.
    IndiaCorporate/Commercial Law
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Laws For Recovery Of Damages

    However, under a contract the compensation awarded are liquidated or unliquidated damages awarded as per the terms governing the contract.
    IndiaCorporate/Commercial Law
    S&A Law Offices
    S&A Law Offices
  • Showing 581–600 of 2093 results

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