If plea of limitation is waived or not raised during arbitration, cannot be raised under section 34 of the Arbitration and Conciliation Act, 1996

Mini Summary Plea of claims being time barred cannot be raised for the first time under section 34 application, when it is not raised during arbitration proceedings. To view full document click here Updates powered by Manoj K. Singh Founder, Singh & Associates, Advocates & Solicitors ‘Best Use of Knowledge Management of the Year’ Award...

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“Final Beggary Laws”

POVERTY, CRIMINALITY AND JUSTICE In a landmark judgment passed in “Harsh Mander & Anr. V. Union of India & Ors.”[1], the Hon’ble High Court of Delhi struck down and declared as unconstitutional the provisions of the Bombay Prevention of Begging Act, 1959 that criminalized beggary and made it a punishable offence. This progressive decision is...

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...

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...