Venue of an arbitration could not be ipso facto considered to be its seat and the place could be equated with seat only if it had no condition precedent attached to it

Mini Summary: The Supreme Court of India was called upon to clear the confusion on the issue that whether the arbitration clause ousted the jurisdiction of Indian Courts in the situation wherein the arbitration agreement had failed to specify the ‘seat’ of an arbitration but does specify a ‘venue’- The Supreme Court has held that...

Advertisements

Leading of evidence not to be allowed for proceedings under section 34 of the Arbitration and Conciliation Act, 1996

Mini Summary Seat of arbitration vests jurisdiction as well — evidence not allowed to be led in application under section 34 of the Arbitration and Conciliation Act, 1996 — An application for setting aside an arbitral award does not ordinarily require anything beyond the record that was before the Arbitrator. However, if there are matters...

Non-signatories to an arbitration agreement can be impleaded in the arbitration proceedings based on factual matrix and ‘group of companies’ doctrine

Mini Summary In a recent case Madras High Court was called upon to adjudicate that whether the non signatories to the arbitration agreement can be impleaded in the arbitration proceedings or not—The Court relied on Hon’ble Supreme Court’s ratio in the case of Chloro Controls India Private Limited v. Severn Trent Purification Inc & Others...

WEBINAR

Webinar on Lexis®India - Online Legal Research Platform (India and International content) This webinar is aimed to demonstrate the power of Lexis®India online platform and gives the users a sneak peak into the tools that can streamline legal research. The platform empowers users with access to both domestic and international content within single user Id...

Insolvency cannot be triggered when arbitral award against corporate debtor is under challenge

Mini Summary The Supreme Court while placing its reliance on the earlier judgement of Mobilox Innovations Private Limited v. Kirusa Software Private Limited, has held that an insolvency proceedings under the Insolvency and Bankruptcy Code, 2016, cannot be triggered in respect of an operational debt where an arbitral award has been passed against the operational...

LexisNexis IP Convention, 2018

LexisNexis IP brings to you the 2nd edition of the IP Convention, 2018 in partnership with GIPC. The convention will focus on the latest trends and developments in the IP industry, emphasizing the use of technology & tools in the area of Patent litigation & analytics. This unique convention will be an open forum for...

Press Release

‘Insolvency and Bankruptcy Code of India’ - A book by Ashish Makhija (LexisNexis®) released by Justice S. Ravindra Bhat, Judge of Delhi High Court on 7th August, 2018   Hon’ble Mr. Justice S. Ravindra Bhat, a Judge of Delhj High Court released, on Tuesday, a book titled ‘Insolvency and Bankruptcy Code of India’ authored by...

A prior notice to the other party before filing application to set aside arbitral award under section 34(5) of the Arbitration and Conciliation Act, 1996 is directory in nature

Mini Summary The Hon’ble Supreme Court of India has finally settled the contentious question of whether the prior notice to the other party before the filing of application under section 34(5) of the Arbitration and Conciliation Act, 1996 is mandatory or directory in nature. Different high courts in the country were giving contradictory stands on...

“The Fate of Being Determinable”

ABC (“Purchaser”); and XYZ (“Contractor”). Scope of Project          SUPPLY; INSTALL; TESTING; and COMMISSION Contract terminated for no specific reason Clause –Termination of Contract at Purchaser’s Initiative. "ABC reserves the right to termination the contract either in part or in full due to the reasons other than specified herein. ABC shall in such an event give 15...