The difficulties associated with multiple claims brought by different claimants on the same subject-matter has been described as “detrimental to investment practice”.[1] The existence of concurrent proceedings can “hinder amicable …
Enabling procedural efficacies in parallel ISDS arbitrations Read more »
Smaller corporations often find the 270-day time frame required for a typical insolvency resolution process to be too long. The Bankruptcy Law Reform Committee determined that “there is merit in creating explicit provisions” for cases where the insolvency could be finished sooner.
Go First Airlines Go First Airlines files for insolvency: On May 4, 2023, the NCLT Delhi reserves order on a request for an interim moratorium. On May 2, 2023, Nusli Wadia promoter of Go Air …
Latest developments in insolvency and bankruptcy in India Read more »
The Supreme Court of India recently decided upon a crucial issue of validity of an unstamped arbitration agreement. The five judge bench held that an instrument which is exigible to stamp duty, may contain an Arbitration Clause and which is not stamped, cannot be said to be a contract, which is enforceable in law within the meaning of the Contract Act.
In Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors., the Supreme Court of India has upheld the Companies Act 2013 provision that overrides payment of workers’ dues during Liquidation process under the Insolvency and Bankruptcy Code, 2016.
In its recent ruling, the Bombay High Court reiterated the need for a written agreement between the parties if one of them objects to the unilateral appointment of an arbitrator by the other.
“Women and IP: Accelerating innovation and creativity” is the theme of this year’s World Intellectual Property Day, which is being held on April 26. It is a timely reminder of the importance of promoting diversity in IP and among entrepreneurs and business leaders. As the World Intellectual Property Organization (WIPO) states, women everywhere are driving scientific breakthroughs, setting new creative trends and building businesses, but: “Too few women are participating in the intellectual property system. That means too few women are benefitting from IP.”
Although the Indian Supreme Court has tackled some of the conflicts around the validity of arbitration clauses for micro, small and medium-sized enterprises, clarity is still required on how such clauses should apply
The Asian Business Law Institute recently released Model Clauses for Contracting in Asia under its Contract Laws in Asia project. Aarna Law is delighted to have contributed to the Model Clauses, offering expertise from the perspective of Indian law and practice.
The Hon’ble Karnataka High Court pronounced a judgement which allowed parties foreign to Indian jurisdiction to enforce international commercial arbitration awards passed in countries that are a signatory to the NY Convention and that are reciprocating territories with India.