Proceedings Pending under Section 34 of the Arbitration and Concialiation Act 1996 does not Constitute a ‘Dispute’ under Section 8 of the Insolvency and Bankruptcy Code, 2016 and Cannot Come in the Way of the Initiation of Corporate Insolvency Resolution Process as Envisaged Under Section 9 of the Code.

MINI SUMMARY: An appeal was preferred before the Hon’ble National Company Law Appellate Tribunal (hereinafter referred to as “NCLAT”) against an order dated 29.08.2017 passed by the Hon’ble National Company Law Tribunal (hereinafter referred to as “NCLT”) in the case of Vijay Nirman Company Private Limited ( hereinafter referred to as, “the Respondent”) vs. Ksheeraabd… Read More Proceedings Pending under Section 34 of the Arbitration and Concialiation Act 1996 does not Constitute a ‘Dispute’ under Section 8 of the Insolvency and Bankruptcy Code, 2016 and Cannot Come in the Way of the Initiation of Corporate Insolvency Resolution Process as Envisaged Under Section 9 of the Code.

An Arbitral Tribunal has the Power to Pierce the Corporate Veil and there is no Bar on Indian Parties in Choosing a Foreign Seat of Arbitration

MINI SUMMARY: A Suit was filed by GMR Energy Limited (hereinafter referred to as “GMR”), before the Hon’ble High Court of Delhi wherein GMR was seeking a permanent injunction against Doosan Power India Ltd (hereinafter referred to as the “Doosan Power”) to restrain it from instituting or continuing with the arbitration proceeding before the Singapore… Read More An Arbitral Tribunal has the Power to Pierce the Corporate Veil and there is no Bar on Indian Parties in Choosing a Foreign Seat of Arbitration

Appeal Under Section 37 (1) (A) Against Order of NCDRDC Not Maintainable In High Court.

Mini Summary Appeals filed under Section 37(1)(a) of the Act in High Court- against impugned order of NCDRC dismissing reference under Section 8 of the Act- held not maintainable- as High Court not authorized to hear appeals from orders of NCDRC in exercise of its original jurisdiction. News Update: In the recent judgment of Emaar… Read More Appeal Under Section 37 (1) (A) Against Order of NCDRDC Not Maintainable In High Court.

An Arbitral Tribunal has the Inherent Power to Recall Its Order of Termination in the Event of Default in Filing the Statement of Claim under Section 25(A) of the Arbitration and Conciliation Act, 1996

Mini Summary Appeal to the Supreme Court arose against the order of the High Court which had held that the Arbitral Tribunal can recall its own order given under Section 25(a) of the Arbitration and Conciliation Act 1996,-The Arbitral Tribunal had terminated the Arbitration proceedings after the Claimant failed to submit the Statement of Claim… Read More An Arbitral Tribunal has the Inherent Power to Recall Its Order of Termination in the Event of Default in Filing the Statement of Claim under Section 25(A) of the Arbitration and Conciliation Act, 1996

Arbitrability of dispute cannot be considered in appeal if not raised at earlier stage

Summary In the recent judgment of Chitaranjan Maity v Union of India, the Hon’ble Supreme Court of India dealt with the issue of whether the arbitrability of a dispute can be considered for the first time in an appeal, the Supreme Court relied upon its previous decisions and held that a question of jurisdiction is… Read More Arbitrability of dispute cannot be considered in appeal if not raised at earlier stage

Tribunal can now file contempt in relevant court against parties violating its orders

News Update Appeal to the Hon’ble Supreme Court arose from the judgment of the Bombay High Court dated 27 October, 2015 where the issue was that the Hon’ble Bombay High Court had construed section 27(5) of the Arbitration and Conciliation Act, 1996, in a restrictive manner. In the present case, the interim order of the… Read More Tribunal can now file contempt in relevant court against parties violating its orders

Mandatory To Raise An Application Under Section 8 Of The Act In Front Of A Judicial Authority Only And To Be Analysed In View Of Existence Of A Dispute.

Mini Summary– Application under Section 8 of the Arbitration and Conciliation Act, 1996- For referring disputes raised in the plaint to arbitration- discussion as to who is a judicial authority under Section 8- also discussed what constitutes a dispute. News Update: An application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred… Read More Mandatory To Raise An Application Under Section 8 Of The Act In Front Of A Judicial Authority Only And To Be Analysed In View Of Existence Of A Dispute.

Builders Cannot Force Homebuyers To Go For Arbitration In Case Of A Dispute Despite The Presence Of A Valid Arbitration Clause In The Agreement.

Mini Summary– Application and reference to a larger bench of the National Consumer Disputes Redressal Commission (hereinafter referred to as  NCDRC) was triggered by the amendment to Sub-Section (1) of Section 8 of the Arbitration of Conciliation Act 1996 — Issue was whether the Consumer Courts will have jurisdiction in view of a valid arbitration… Read More Builders Cannot Force Homebuyers To Go For Arbitration In Case Of A Dispute Despite The Presence Of A Valid Arbitration Clause In The Agreement.

Arbitral Tribunal does not have the power to pierce the Corporate Veil, so as to bind a non-signatory party to the Arbitration Agreement

Mini Summary- Petition under Section 34 of the Arbitration Act and Conciliation Act, 1996 – For setting aside arbitral award given by sole arbitrator- It was held that the Arbitral Tribunal cannot pierce the Corporate Veil in order to bind a non-signatory party to the Arbitration Agreement. News Update: In the recent case of ‘Sudhir… Read More Arbitral Tribunal does not have the power to pierce the Corporate Veil, so as to bind a non-signatory party to the Arbitration Agreement

LexisNexis expands Lexis® Practical Guidance portfolio with new offering addressing Contract and Contract Clause Bank

We are pleased to announce that we have expanded Lexis® Practical Guidance portfolio with one more module  – Commercial Contracts.      Drafting vetting and negotiations is the most time consuming activity for any in-house counsel. In fact, maximum personnel are dedicated for this activity only. Reading a contract line by line and modifying it… Read More LexisNexis expands Lexis® Practical Guidance portfolio with new offering addressing Contract and Contract Clause Bank