May 2023

Arbitrability of fraud

Arbitrating in India can involve recalcitrant respondents trying to frustrate the proceedings, and claimants trying to bring claims that would ideally be litigated before

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Tags : A. Ayyasamy v. A. Paramasivan, arbitrability, arbitration, Arbitration Act, Booz Allen Hamilton v. SBI Home Finance, Indian Arbitration & Conciliation Act, Radhakrishnan v. Maestro Engineers, Rashid Raza v. Sadaf Khan, Supreme Court, Vidya Drolia v. Durga Trading Corporation

May 2023

Emergency arbitration in India: a problem of enforcement

Emergency arbitration has been in the spotlight in India recently through Indian low-cost airline Go Airline which is trying to enforce an emergency arbitration

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Tags : Arbitration Act, emergency arbitration, emergency arbitrator, Go First airlines, Insolvency, international disputes, Praat & Whitney

May 2023

Enabling procedural efficacies in parallel ISDS arbitrations

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

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Tags : arbitration, international disputes, Investor-state dispute settlement, ISDS, parallel arbitration, UNCITRAL, UNCLOS

May 2023

India undertakes review of fast-track insolvencies

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

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Tags : Bankruptcy, Bankruptcy Law Reform Committee, fast-track insolvency, Insolvency, Insolvency and Bankruptcy Code

May 2023

Latest developments in insolvency and bankruptcy in India

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,

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Tags : Bankruptcy, Credit Suisse, Go First airlines, IBC, Insolvency, Insolvency and Bankruptcy Board, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code

May 2023

Invocation of arbitration under an unstamped or insufficiently stamped agreement

The Supreme Court of India recently decided upon a crucial issue of validity of an unstamped arbitration agreement. The five judge bench held that

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Tags : arbitration, Contract Act, stamp, Stamp Act, Supreme Court of India, unstamped arbitration agreement

May 2023

Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors.

In Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors., the Supreme Court of India has upheld the

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Tags : Bankruptcy, IBC, Insolvency, Insolvency and Bankruptcy Code, Karamchari Union, Liquidation, Moser Baer Karamchari Union, priority payment, Union of India, waterfall mechanism, workmen's dues

May 2023

Challenging the Unilateral Appointment of an Arbitrator

In its recent ruling, the Bombay High Court reiterated the need for a written agreement between the parties if one of them objects to

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Tags : arbitration, Arbitration & Conciliation Act, arbitrator, Bombay High Court, dispute resolution, IDR

Apr 2023

World IP Day is an opportunity to celebrate Indian women

“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.

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Tags : equity, female, intellectual property, patent, WIPO, women, women entrepreneur, World Intellectual Property Organization, World IP DAY

Apr 2023

Arbitration regimes applicable to small and medium businesses in India

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

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Tags : arbitration, Arbitration & Conciliation Act, Arbitration Act, dispute resolution, mediation, Micro Small and Medium Enterprises Development Act, MSME, MSME Act, SME

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