Validity of designation of a place as a “Seat” with exclusive jurisdiction for arbitration proceedings

Designation of a place as a “Seat” alone for arbitration proceedings without the presence of an exclusive jurisdiction will not be enough to grant that “Seat” with exclusive jurisdiction in absence of the exclusive jurisdiction clause to that effect. Mini Summary A Division Bench of the Hon’ble Delhi High Court had the opportunity to decide... Continue Reading →

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Powers of the appropriate forums to execute particular remedies

Mini Summary Appropriate forums are vested with the powers to execute particular remedies granted in an arbitral award can be directly approached by the parties for execution of such awards, and even non-signatories to the arbitration agreement will be bound by the arbitral award if claiming under it. To view the full document, click here... Continue Reading →

Seat of arbitration shall also have exclusive jurisdiction for regulating the arbitral proceedings

Mini Summary Irrespective of where the cause of action arose- where the agreement was executed- or where the parties have their principal offices- seat of arbitration shall have jurisdiction for purposes of regulating the arbitral proceedings. To view the full document, click @ https://bit.ly/2qYa3cp Updates powered by Singh & Associates, Founder— Manoj K. Singh, Advocates &... Continue Reading →

Applicability of Section 36 of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 on applications pending under Section 34

Mini Summary The Hon’ble Supreme Court was called upon to interpret the section 26 of Arbitration and Conciliation Act, 1996 (as amended by the Arbitration and Conciliation (Amendment) Act, 2015) insofar as to check the applicability of section 36 of the Arbitration and Conciliation Act, 1996, on the pending applications under section 34 of the... Continue Reading →

Issuance of notice under section 34(5) of the Arbitration and Conciliation Act, 1996 is directory in nature and not mandatory

Mini Summary: Irrespective of whether parties governed by Arbitration and Conciliation Act, 1996 Act or Arbitration & Conciliation (Amendment) Act, 2015 issuance of prior notice under section 34(5) of the Arbitration and Conciliation Act, 1996 before filing the arbitration petition under section 34 is directory and not mandatory. To view the full document, click @ http://bit.ly/2Dq3O5p... Continue Reading →

Proceedings Pending under Section 34 of the Arbitration and Conciliation 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... Continue Reading →

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... Continue Reading →

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