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  • Article

    India—No Statutory Appeal If Party Fails To Resist Enforcement Of A Foreign Award (Kandla v OCI Corporation)

    Kandla Export Corporation & Anr v M/s OCI Corporation & Anor Civil Appeal No. 1661-1163 of 2018, judgment dated 7 February 2018 (not reported by LexisNexis® UK)
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Interim Relief Under Section 9 Of The Arbitration And Conciliation Act, 1996, Available Even After Initiation Of Enforcement Proceedings

    In the case of Osterreichischer Lloyd Seereederei (Cyprus) Limited vs. Victore Ships Private Limited, the Bombay High Court ("Bombay HC") clarified that interim protection under Section 92 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") is availed even after the initiation of enforcement proceedings under Part II of the Arbitration Act.
    India
Litigation, Mediation & Arbitration
JSA Advocates & Solicitors
JSA Advocates & Solicitors
  • Article

    Non-Commercial Suits To Be Governed By The Unamended Provisions Of The Code Of Civil Procedure, 1908: Supreme Court

    The Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Commercial Courts Act) has amended the Code of Civil Procedure...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

    Presumption Of Validity And Separability: Delhi High Court Affirms Continuity Of Arbitration Clauses Upon Lease Renewal

    The Delhi High Court recently delivered an important judgment in WTC Noida Development Company Pvt. Ltd. v. Arti Khattar [2025:DHC:228-DB] examining the scope of arbitration agreements in lease-related disputes and the judicial intervention permissible under Section 9 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Principal-Agent Relationships Are Not Covered By The 'Group Of Companies' Doctrine And Establishing Common Intention Is Crucial To Binding Non-Signatories To An Arbitration Agreement

    By its landmark decision in Cox and Kings Ltd. v SAP India Pvt. Ltd. & Anr. the Supreme Court upheld the applicability of the ‘group of companies' doctrine to arbitration.
    IndiaLitigation, Mediation & Arbitration
    Economic Laws Practice
    Economic Laws Practice
  • Article

    Supreme Court Penalizes Punjab Distribution Licensee For Evading Payments To Generator And Reagitating Settled Issues

    The Supreme Court in its judgment dated October 9, 2023 in Nabha Power Ltd. vs. Punjab State Power Corporation Ltd., deprecated Punjab State Power Corporation Ltd. ("PSPCL")...
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Time Limit For Filing Written Statement: Mandatory Or Directory

    The present article, shall briefly discuss the effect and impact of the above decision.
    IndiaLitigation, Mediation & Arbitration
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    Time Limit For Filing Written Statement Under CPC- Supreme Court

    Order VIII Rule 1 of CPC provides procedural provision in regard to the Written Statement, according to which such shall be filed by Defendant within thirty days.
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Writ Petition Against Order Under Section 16 Of The Arbitration Act Held Not Maintainable: Telangana High Court

    In VKA Constructions v. State of Telangana [Writ Petition No. 956 of 2025], the Telangana High Court dismissed a writ petition challenging an order of the Micro and Small Enterprises Facilitation Council...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Digital Signature And Electronic Signature - Legal Framework

    The Information technology (Amendment) Act, 2008 provides with various provisions regarding the DSC and ES.
    IndiaMedia, Telecoms, IT, Entertainment
    Agama Law Associates
    Agama Law Associates
  • Article

    Hotels Cannot Exclude Valet Parking Liability

    A recent landmark decision of the Supreme Court reinforces the duty of care and liability of a Hotel for property entrusted to it by guests, customers and visitors.
    IndiaMedia, Telecoms, IT, Entertainment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Force Majeure vs. Unforeseen Circumstances In Indian Real Estate

    India’s real estate sector has witnessed unprecedented growth over the last decades, driven by institutional investment, large-scale urbanization and increasingly sophisticated contractual structures. As projects become larger and transaction timelines longer, contracting parties are placing greater emphasis on contractual risk allocation. Among the provisions attracting increased attention are force majeure clauses and contractual protections against unforeseen circumstances.
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Madras High Court Attributes Part Consideration To Non-Compete Covenant Having Regard To The ‘Form' Of The Transaction

    In a recent case, the High Court of Madras (Court) attributed part of the composite consideration received to a non-compete covenant.
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    When Work Crosses Borders, Tax Does Too Unless Businesses Dodge The Risk

    Global business has become more mobile than ever before. A single company can now operate with its headquarters in New York, development teams in Bangalore, and sales representatives traveling throughout Europe.
    IndiaTax
    Legitpro Law
    Legitpro Law
  • Article

    Bombay HC: Invocation Of 'Fall Clause' In Railway Contracts

    The Single Bench of the Bombay High Court in the case of Union of India through PCMM Central Railway v. Emami Agrotech Limited, [Arbitration Petition No. 458 of 2021]...
    IndiaTransport
    Argus Partners
    Argus Partners
  • Article

    Do Parties Have An Unfettered Right To Exclude Or Limit Their Liability For Breach Of Contract? – Part I

    The law of damages in India is codified in Sections 73 and 74 of the Indian Contract Act, 1872.
    IndiaCorporate/Commercial Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Earned, Not Forfeited: Bombay High Court Declines To Interfere With Award Enforcing Vested Equity Entitlement

    Argus Partners maintains offices in three major Indian cities: Mumbai, New Delhi, and Bengaluru. The firm provides legal services while adhering to Bar Council of India regulations that prohibit solicitation and advertising, requiring visitors to acknowledge specific disclaimers before accessing information.
    IndiaCorporate/Commercial Law
    Argus Partners
    Argus Partners
  • Article

    HSA | Corporate & Commercial Monthly Newsletter | November 2022

    On September 15, 2022, the Central Government vide notification G.S.R. 700(E) has amended the Companies (Specification of Definition Details) Rules, 2014 to increase the monetary limits...
    IndiaCorporate/Commercial Law
    HSA Advocates
    HSA Advocates
  • Article

    Legal Considerations For Investments In Data Centres In India

    In the 2022 budget speech, the Finance Minister announced that data centres will be considered as "infrastructure" to facilitate credit availability.
    IndiaGovernment, Public Sector
    S&R Associates
    S&R Associates
  • Article

    Abandonment Of Contract In Cases Involving Reciprocal Promises: An Analysis Of Section 67 Of The Indian Contract Act, 1872

    ‘Abandonment' has been defined in the Black's Law Dictionary as "the relinquishing of a right or interest with the intention of never reclaiming it".
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Showing 881–900 of 2093 results

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