13 December 2021


Search Results for Tag : ITR

Judgments

District courts 'principal civil Court' in Bihar(30.07.2015)

The District Court, not the Subordinate court, have original jurisdiction in Bihar for receiving matters under Section 34 of the Arbitration and Conci.....

Tags : arbitration, civil, original jurisdiction

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Opposing an interim injunction does not necessarily constitute submitting a first statement on the substance of the dispute(11.08.2015)

Waiver of a right by a party to enforce the arbitration agreement must be gathered from the facts and circumstances of the case. The Court noted that .....

Tags : arbitration, waive, right, first statement

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Supreme Court dismisses UoI plea to hear arbitration dispute with Reliance(22.09.2015)

Noting the “valiant attempt to reopen a question settled twice over, that is by dismissal of both a review petition and a curative petition on the ver.....

Tags : Arbitration, jurisdiction

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Execution of arbitration of arbitral award impermissible without permission of BIFR(08.09.2015)

Mere violation of Indian law is not sufficient to raise an objection for enforcement of the foreign award under Section 48 of the Arbitration Act, 199.....

Tags : Arbitration, sica, foreign, bifr

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Avitel’s petition against arbitral award dismissed(28.09.2015)

The Bombay High Court dismissed Avitel Post Studioz’ petition under the Arbitration and Conciliation Act, 1996 against arbitral awards passed in 2012 .....

Tags : Arbitration, seat, challenge, exclude, jurisdiction

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Contract must explicitly bar pendente lite interest to prevent arbitral award(16.03.2016)

An Arbitrator cannot award interest pendente lite if the same is barred expressly by contract. The Supreme Court distinguished an explicit contractual.....

Tags : Arbitration, interest, award, pendente lite

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Stalling foreign arbitral award with Indian law rebuked(13.05.2016)

Where parties to a contract choose a seat of arbitration outside India and the law applicable is explicitly not Indian, courts in India do not have ju.....

Tags : Arbitration, abroad, jurisdiction, umpire

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Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)

An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......

Tags : arbitration, clause, incorporation, contract

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Arbitration tribunal empowered to recall order ‘in the interest of justice’(08.07.2016)

An arbitration tribunal can exercise its inherent powers to “secure the ends of justice”, the Chhattisdarh High Court said, allowing claims that the t.....

Tags : chhattisgarh, arbitration, order, recall, interest of justice

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Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)

In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....

Tags : Arbitration application, Maintainability, Remedies, Civil Court

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Two Indian firms may conduct arbitration outside Country and under a foreign law, if there was an agreement to that effect(24.08.2016)

Disputes arose between Appellant and Respondent. Respondent by its letter purported to terminate AGREEMENT-I. Thereafter, Respondent made a request fo.....

Tags : Jurisdiction, Agreement, Arbitration, Assertion

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Agreement to confer exclusive jurisdiction on one of Courts to exclusion of other, neither forbidden by law nor against public policy(04.10.2016)

Instant petition filed by Petitioner against Respondent, Mahindra Logistics Limited, seeking appointment of an Arbitrator to adjudicate disputes betwe.....

Tags : Arbitrator, Appointment, Agreement, Jurisdiction

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Parties to an arbitration agreement have autonomy to decide on both procedural and substantive law(15.12.2016)

In instant case, Parties entered into a contract and disputes arose between them. Contract contained an arbitration Clause and Centrotrade invoked it......

Tags : Arbitration, Procedure, Jurisdiction

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Mandate of an Arbitrator "shall terminate" by or pursuant to agreement of parties(25.01.2017)

This is a joint application by both Petitioner and Respondents under Section 14(2) read with Section 15 of Arbitration & Conciliation Act, 1996. Both .....

Tags : Arbitrator, Mandate, Termination

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Intervention of the Court is envisaged only in few circumstances like fraud or bias by the Arbitrators or violation of natural justice(03.10.2017)

The Appellant, in present appeals, has challenged the legality and correctness of the judgment and order passed by High Court of Calcutta. Appellant s.....

Tags : Dispute, Arbitrability, Award, Interest

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Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)

By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....

Tags : Arbitral proceedings, Termination, Validity

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Once an application under Section 8 of Arbitration and Conciliation Act, 1996 has been filed, Civil Court has no jurisdiction to continue with the suit(28.12.2017)

Plaintiff has filed a suit for recovery of Rs. 2,31,34,553/- for payment made to Defendant in pursuance to the Commercial Buyers Agreement (Buyer's Ag.....

Tags : Dispute, Arbitrator, Reference

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Mere vague averment bereft of material particulars cannot satisfy requirement of pleading mala fide or favoritism(27.07.2018)

Present writ appeal is filed against the order passed by the Writ Court. The Appellants herein are the Respondents before the Writ Court. The Responde.....

Tags : Tender notification, Clause, Arbitrariness

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When arbitration clause is not applicable to particular work in question, arbitrator cannot be appointed(11.01.2019)

By way of present application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the Petitioner, said to have entered into a contra.....

Tags : Arbitrator, Appointment, Clause

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A party who alleged plea of fraud or coercion is under obligation to prima facie establish same(28.03.2019)

Present appeals have been filed by the Insurance Company assailing the order passed by the High Court appointing an Arbitrator in exercise of power un.....

Tags : Arbitrator, Appointment, Validity

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There must be a voluntary and intentional relinquishment of a right and voluntary choice is essence of waiver(27.08.2019)

The instant appeal is directed against the final judgment passed by the High Court whereby the High Court while dismissing the Arbitration Petition he.....

Tags : Award, Arbitral proceedings, Termination

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Court will exercise its power under Section 11(6)(a) of Arbitration Act, only where a party fails to act in accordance with appointment procedure agreed between parties(29.08.2019)

The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenges appointment of Mr. R.S. Baswana, District and Sessions .....

Tags : Appointment, Arbitrator, Legality

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Averments set up by applicants are expected to be specifically denied by replying party, if there is no specific denial, then such an averment is deemed to have been admitted by the otherside(04.06.2018)

The Applicants have filed instant applications before present Court for the appointment of a sole Arbitrator under Section 11(6) of the J & K Arbitrat.....

Tags : Dispute, Settlement, Arbitrator, Appointment

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To constitute an arbitration agreement, there has to be statement of claim containing a specific allegation about existence of an arbitration agreement by one party and non denial thereof by other par(22.10.2019)

Present petition has been filed by the Petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. The.....

Tags : Dispute, Arbitrator, Appointment

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A party to an arbitration proceeding can challenge the arbitral award as soon as he receives it(25.11.2019)

The challenge in present petition under Section 34 of the Arbitration and Conciliation Act, 1996, is to an award/interim award dated May 18, 2019 pass.....

Tags : Arbitral award, Maintainability, Time period

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Pre-deposit clauses to invoke arbitration struck down by Supreme Court as it makes arbitral process ineffective and expensive(11.03.2019)

In present case, the Respondent issued notice inviting tender for extension and augmentation of water supply, sewerage scheme, pumping station and sew.....

Tags : Arbitral process, Pre-deposit, Clause

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A former employee of a party to arbitration can be appointed as an arbitrator(03.01.2019)

Appellant-State issued a Letter of Acceptance to Respondent No. 1 for execution of a works contract for construction, operation and maintenance of Gur.....

Tags : Arbitrator, Appointment, Legality

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Limitation period would commence only from date on which signed copy of award delivered to party making the application for setting it aside(27.03.2018)

Appellants have filed present appeals challenging the judgment of the High Court by which the High Court has held that challenge to the arbitral award.....

Tags : Arbitral award, Service, Legality

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Ground of patent illegality is available under the statute for setting aside a domestic award, if decision of arbitrator is perverse(22.05.2020)

In the facts of present case, learned sole arbitrator has passed the arbitral award dated 29th March, 2016 in respect of Package-I holding. Similar De.....

Tags : Award, Patent illegality, Arbitrator

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An Arbitrator shall be ineligible, if his close family member has significant financial interest in one of the parties or an affiliate of one of the parties(25.09.2020)

The Petitioner is seeking termination of the mandate of the Presiding Arbitrator under Sections 14 and 15 of the Arbitration and Conciliation Act, 199.....

Tags : Presiding Arbitrator, Mandate, Termination

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Arbitral process could be interfered under Article 226/227 of the Constitution by the High Court only in exceptional circumstances(06.01.2021)

In facts of present case, on 13th February, 1991, Respondent No. 1 entered into a contract with the Appellant to manufacture and supply bricks. The af.....

Tags : Arbitral process, Discretionary power, Jurisdiction

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Section 12(5) r/w Seventh Schedule of Arbitration & Conciliation Act, 1996, which deals with ineligibility of a person to be appointed as Arbitrator, is mandatory and non-derogable provision(20.01.2021)

The Appellant No. 1 / HARSAC, Department of Science and Technology, Government of Haryana is the nodal agency for Geographic Information System (“GIS”.....

Tags : Arbitrator, Eligibility, Provision

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Parties may waive the applicability of Section 12(5) of A&C Act by way of an express agreement in writing after the disputes have arisen(28.01.2021)

The Petitioner has filed the present petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 ('A&C Act'), seeking that the man.....

Tags : Arbitrator, Appointment, Eligibility

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Dispute arising under the lease being governed under Transfer of Property Act are arbitrable(18.12.2020)

The Petitioner has instituted present petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitra.....

Tags : Arbitration Clause, Appointment, Arbitrator

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Limitation Period for filing application seeking appointment of arbitrator is governed by Article 137 of Limitation Act, 1963(10.03.2021)

The present appeal is against impugned orders allowing Application for appointment of Arbitrator. Appeals raise two important issues for consideration.....

Tags : Arbitrator, Appointment, Time-barred

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Any written communication is deemed to have been received, if it is delivered to the addressee personally or at his place of business, habitual residence address or mailing address(23.08.2021)

The Petitioner, a company incorporated under the Companies Act, 1956, has filed the present petition under Section 11(6) of the Arbitration and Concil.....

Tags : Dispute, Appointment, Arbitrator

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Emergency arbitrator’s award is enforceable under Section 17(2) of the Arbitration Act(06.08.2021)

In present case, proceedings were initiated by the Appellant, Amazon.com NV Investment Holdings LLC ["Amazon"] before the High Court under Section 17(.....

Tags : Emergency Arbitrator, Award, Enforcement

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Civil or Commercial dispute are to be adjudicated and resolved by Arbitral Tribunal unless the jurisdiction of the Arbitral Tribunal is excluded either expressly or by necessary implication(02.08.2021)

By present petition, the Petitioners are seeking issuance of directions to the Respondent No. 1 to proceed with resolution of disputes raised by Petit.....

Tags : Arbitral Tribunal, Adjudication, Powers

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Sole Arbitrator, who was appointed by designation, can continue the arbitration proceedings even after his retirement and can pass the award(20.09.2021)

A contract was entered into between the parties regarding the earthwork vide agreement dated 06.02.1988. During the contract work, various disputes an.....

Tags : Sole Arbitrator, Retirement, Continuation of Proceedings

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Arbitrator either has to be appointed with the consensus of the parties or by present Court(22.11.2021)

By way of present petition, Petitioner is seeking appointment of an independent Arbitrator under the provisions of Section 11 of the Arbitration and C.....

Tags : Arbitrator, Appointment

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Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)

The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....

Tags : Existence, Arbitration clause, Jurisdiction

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Notifications & Circulars

CBDT notifies new Income Tax Return Forms for assessment year 2021-2022(01.04.2021)

The Central Board of Direct Taxes has notified Income Tax Return Forms (ITR Forms) for the Assessment Year 2021-22 vide Notification no.21/2021 in G.S.....

Tags : ITR, New Forms, Notification

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NITI Aayog Organises Workshop on Best Practices in International Arbitration(10.10.2018)

The NITI Aayog and ICC International Court of Arbitration organised the inaugural Training-cum-Brainstorming Workshop on Best Practices in Internation.....

Tags : Workshop, Best Practices, International Arbitration

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Constitution of high level committee to review Institutionalization of Arbitration Mechanism in India(29.12.2016)

Justice Dispensing System in India has come under great stress for various reasons including huge pendency of cases in various courts. The injustice i.....

Tags : Committee, Constitution, Arbitration

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Comments invited on the working paper of the high level committee to review the Institutionalisation of Arbitration Mechanism in India by 7 April 2017(16.03.2017)

The Government of India has emphasised the need for promoting arbitration as a preferred dispute resolution mechanism for commercial disputes. Pursuan.....

Tags : Arbitration, Mechanism, Institutionalisation, Review

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Tax on arbitral tribunal services to be borne by recipient(18.05.2016)

Service tax liability for services provided by an arbitral tribunal shall be on the service recipient if it’s a business entity.

The Depar.....

Tags : Service tax, arbitral tribunal, recipient, reverse charge

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Specified goods when stored in warehouse within ambit of Customs Act, 1962(11.01.2016)

The Ministry of Finance has specified goods that will attract provisions of the Customs Act, 1962 when deposited in a warehouse. The list comprises va.....

Tags : Fuel, spirits, crude, nitrogen, storage, customs act

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ITR-V verification pending? Now use EVC(09.05.2016)

The Central Board of Direct Taxes allowed taxpayers to verify their electronic returns by means of Electronic Verification Code.

As far bac.....

Tags : Income tax, verification, evc, itr-v

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Extension for uploading KYC details for insurance policies on iTrex(06.04.2016)

The Insurance Regulatory Development Authority extended the deadline for uploading the status of Know Your Customer related details for insurance poli.....

Tags : itrex, insurance database, deadline

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Ordinances amending arbitration law and creating commercial courts promulgated(23.10.2015)

Continuing with its policy of if you can’t metamorphosise a Bill into an Act use an Ordinance instead, the Union Cabinet approved the promulgation of .....

Tags : Commercial, arbitration, ordinance, high court

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Amendments to the Arbitration and Conciliation Bill, 2015(26.08.2015)

The Union Cabinet approved amendments to the Arbitration and Conciliation Bill, 2015. The changes include having to disclose in writing the existence .....

Tags : Arbitration, bill, 2015, amendments

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News

Supreme Court Dismisses Govt.'s Allegation Over RIL Arbitration(23.09.2015)

SC has dismissed Govt.'s allegation of biasness against an arbitrator in an ongoing arbitration to resolve a row with Reliance Industries over Panna-M.....

Tags : SC ,RIL Arbitration ,Panna-Mukta oilfields

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International Tribunal Fines Antrix With Rs 4,435cr(01.10.2015)

An international arbitration court has imposed Rs 4,435cr fine on Isro's commercial arm, Antrix, as damages to Devas Multimedia in regard to Devas-Ant.....

Tags : international arbitration court, Antrix,Devas Multimedia

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Bombay High Court: Local Law to Apply When Indian Entities are Party to Arbitration(25.08.2015)

Bombay High Court has ruled that two Indian parties should not put the clauses of foreign law in arbitration, as it is against public policy.

Tags : Bombay High Court ,Arbitration

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Calcutta High Court Dismisses Madan Mitra’s Bail Application(07.08.2015)

Calcutta High Court has rejected the bail application of State Transport Minister Madan Mitra, an accused in Saradha scam case.

Tags : Calcutta High Court, Madan Mitra, Bail

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Calcutta HC Puts Madan Mitra under House Arrest in Saradha Chit Fund Scam(06.11.2015)

Calcutta High Court has ordered that Bengal transport and Sports Minister, Madan Mitra, an accused in the Rs 2,500-crore Saradha Chit Fund scam, to be.....

Tags : Calcutta High Court , Bengal transport and Sports Minister, Madan Mitra, Saradha Chit Fund scam

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Calcutta High Court Cancels Madan Mitra's Bail, Accused in Saradha Scam(20.11.2015)

Calcutta High Court has accepted petition of Central Bureau of Investigation seeking cancellation of bail granted to Trinamool Congress leader Madan M.....

Tags : Calcutta High Court,Madan Mitra, Saradha Scam

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SC Put Stay on Allahabad High Court's Order Declaring Shiksha Mitra’s Appointment Illegal(08.12.2015)

Supreme Court has stayed the Allahabad High Court's September order which declared appointment of about 1.72 shiksha mitras illegal.

Tags : Supreme Court , Allahabad High Court, shiksha mitras

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Supreme Court Announces New Norms for Arbitration Proceedings(08.12.2015)

Supreme Court has announced new norms for hearing arbitration petitions in view of the Arbitration and Conciliation Amendment Ordinance, which came in.....

Tags : Supreme Court, Arbitration and Conciliation Amendment Ordinance

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President Gives Nod to SC and ST (Prevention of Atrocities) Amendment Act and others(08.01.2016)

President has given nod to Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ac.....

Tags : Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act; Commercial Courts,Commercial Division and Commercial Appellate Division of High Courts Act; Payment of Bonus (Amendment) Act, 2015

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CBDT Announces Aug 31 as Last Date for Clearing Pending ITRs, Refunds(09.05.2016)

Central Board of Direct Taxes (CBDT) has declared August 31 as deadline for taxpayers whose ITRs for six assessment years between 2009-10 and 2014-15 .....

Tags : Central Board of Direct Taxes , ITRs

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President Promulgates Constitution of Commercial Courts , Arbitration and Conciliation Ordinanences(26.10.2015)

President has signed ordinances to amend Arbitration and Conciliation Act and bring into force Commercial Courts, Commercial Division and Commercial A.....

Tags : Arbitration and Conciliation Act, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015

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Delhi HC: Courts Should Rarely Exercise Power to Prevent Arbitration(25.07.2016)

Delhi HC has said that while courts have power to issue injunction against arbitration proceedings, they should use it rarely and said, "Courts need t.....

Tags : Delhi HC , Arbitration

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Last Date for Filing ITR Extends to August 5(01.08.2016)

Govt., on account of day-long strike at public sector banks, has extended the last date for filing Income-Tax Returns (ITR) to August 5.

Tags : Govt., ITR, last date

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Allahabad HC Refers Yamuna Expressway Land Acquisition Dispute to Arbitration(04.11.2016)

Allahabad High Court has referred to arbitration a dispute between Yamuna Expressway Authority and JP Infratech Ltd in connection with enhanced compen.....

Tags : Allahabad High Court, arbitration, Yamuna Expressway, JP Infratech

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Punjab & Haryana HC: No Bar on Appointment of Former Bureaucrats as Government Arbitrator(16.11.2016)

Punjab and Haryana High Court has held that there is no bar on a former employee, consultant or adviser of a party being appointed as a mediator merel.....

Tags : Punjab and Haryana High Court, Former Bureaucrats, Government Arbitrator

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Uttarakhand HC Directs Removal of Shiksha Mitras(28.09.2016)

Uttarakhand HC, while hearing petition related to appointments of Shiksha Mitras in Government Schools of State, has ordered that only those who have .....

Tags : Uttarakhand HC,Shiksha Mitras

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Delhi HC Agrees to Maintain Confidentiality of Ex- Ranbaxy Promoters in Daiichi Case(04.10.2016)

Delhi HC has allowed application seeking confidentiality of asset declaration made by Malvinder Singh & Shivinder Singh, Ex-Ranbaxy promoters and othe.....

Tags : Delhi HC , Rs. 2562 crore Singapore arbitration award, Ex- Ranbaxy Promoters

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Bombay HC: Arbitral Tribunal Can’t Appoint HC Receiver as ‘Receiver Under Arbitration Act’(23.03.2017)

Bombay High Court has held that an arbitral tribunal does not have power to appoint Court receiver of High Court as a receiver under Section 17 of Arb.....

Tags : Bombay HC, Arbitral Tribunal

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SC: Chief Justice Free to Appoint Arbitrator Even If Arbitration Agreement Provides Otherwise(29.03.2017)

Supreme Court has held that even if an arbitrator is specified in agreement for arbitration, Chief Justice or designated Judge is free to appoint an i.....

Tags : Supreme Court, Chief Justice, Independent Arbitrator

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E-filing for Two ITRs Launched by Income Tax Department(03.04.2017)

Income Tax Department has launched the e-filing facility for select Income Tax Returns (ITRs) for the assessment year 2017-18. The filing of these ret.....

Tags : E-filing, ITR

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Supreme Court: Third Arbitrator in Any International Dispute Must Be From Neutral Nation(13.04.2017)

Supreme Court has said that third arbitrator in any international rift involving a foreign company should always be from a neutral country for a sense.....

Tags : Supreme Court, International Dispute, Arbitrator

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Delhi High Court Says No to Defenses Under FEMA For Enforcement of Foreign Arbitral Awards(17.04.2017)

Delhi High Court has held that foreign arbitral award can be enforced in India pertaining to put options, exit at assured return, and guarantee arrang.....

Tags : Delhi High Court, Foreign Arbitral Awards

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Supreme Court: Court Can't Relegate Parties Before Arbitral Tribunal After Setting Aside Award(24.04.2017)

Supreme Court has held that Section 34 (4) of Arbitration and Conciliation Act 1996, does not empower Court to relegate parties before Arbitral Tribun.....

Tags : Supreme Court, Arbitral Tribunal

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Arbitration: R-Infra Wins Rs. 2950 Cr Arbitration Award Against DMRC Over Airport Metro(12.05.2017)

Reliance Infrastructure (R-Infra) has won a Rs 2,950 crore arbitration award against Delhi Metro Rail Corporation (DMRC) for alleged breach by the lat.....

Tags : Airport Metro, DMRC, Arbitration

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Supreme Court: Ineligible Arbitrator Can’t Nominate Another Arbitrator(04.07.2017)

Supreme Court has held that once arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator.

Tags : Arbitrator, Supreme Court

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Supreme Court Quashes Appointment Of 1.78 Lakh Assistant Teachers In UP(26.07.2017)

Supreme Court has quashed appointment of 1.78 Lakh Assistant Teachers in Junior Basic Schools whose appointments were done by Government by absorbing .....

Tags : Supreme Court, Shiksha Mitras

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Arbitral Tribunal Awards Tata Motors Rs. 326-cr Claim in Dispute with DTC(18.08.2017)

The Arbitral Tribunal has awarded a claim of nearly Rs. 326 crore to Tata Motors Limited (TML) against DTC towards illegally recovered liquidated dama.....

Tags : Tata Motors, Arbitration

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Delhi HC Restrains Vodafone From Seeking Arbitration in Rs 20,000-Crore Tax Dispute Case(23.08.2017)

Delhi High Court has “restrained” Vodafone from going ahead with its arbitration proceedings against India under a treaty with the UK, in the Rs 20,00.....

Tags : Delhi HC, Vodafone, Arbitration

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Delhi HC Interprets Amended Provisions of Arbitration Act(09.01.2017)

Delhi High Court has said that changes made in 2015 to Arbitration Act, under which there is no automatic stay on an award being challenged, would not.....

Tags : Delhi High Court , Arbitration Act, amendment

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New Rules For Expedited And Cost-Efficient ICC Arbitration In Operation From 1 March 2017(10.03.2017)

International Chamber of Commerce (ICC) has introduced new rules for expedited proceedings that apply to all arbitration agreements entered into from .....

Tags : International Chamber of Commerce, Arbitration

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No Single Arbitration Reference For Disputes Arising Out Of Different Agreements :SC(16.10.2017)

Supreme Court has held that there cannot be a single arbitration reference for disputes arising out of different agreements, even if they are inter-li.....

Tags : Supreme Court, Arbitration

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Delhi HC: Proof Of Injury Necessary For Awarding Damages For Loss of Profits in Arbitration(23.10.2017)

Delhi High Court has held that it is imperative for the claiming party to submit proof of injury suffered in order to successfully claim damages for l.....

Tags : Delhi High Court, Arbitration

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Supreme Court: Arbitration Initiated After Imposition Of Moratorium Under IBC is Non Est in Law(03.11.2017)

Supreme Court has held that arbitration proceedings instituted after the imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Co.....

Tags : Supreme Court, Insolvency, Arbitration

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If Agreement Has Exclusive Jurisdiction Clause, Courts Cannot Be Approached: Delhi HC(11.12.2017)

Delhi High Court has dismissed an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996, noting that the agreement specifie.....

Tags : Delhi High Court, Arbitration

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Supreme Court Rules on Limitation Period for Application to Set Aside Arbitration Award(13.08.2018)

Supreme Court has held that limitation period to make application to set aside arbitral award would start running from the date of disposal of the app.....

Tags : Supreme Court, Arbitration Award

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Oral Evidence in Application to Set Aside Arbitral Award Shouldn’t be Allowed: Supreme Court(21.08.2018)

Supreme Court has held that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before .....

Tags : Supreme Court, Arbitration Award

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Supreme Court Says 'No' to Insolvency During Pendency of Proceedings Challenging Arbitral Award(21.08.2018)

Supreme Court has held that an insolvency process cannot be put into operation when there is a pending proceeding challenging the arbitral award.

Tags : Supreme Court, Insolvency, Arbitration

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Supreme Court: No Appointment of Arbitrator If There is Violation of Conditionality Clause(22.08.2018)

Supreme Court has observed that even after the 2015 amendment which inserted sub-section 6A in Section 11 of Arbitration and Conciliation Act, the arb.....

Tags : Supreme Court, Arbitration

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3rd Parties to Arbitration Proceeding May Appeal If They Are Affected By Award: Bombay High Court(12.09.2018)

Bombay High Court has held that a third party to an arbitration proceeding has the right to maintain an appeal under Section 37 of the Arbitration and.....

Tags : Bombay High Court, Arbitration

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Stamp Duty Not Necessary For Enforcement Of Foreign Arbitration Awards In India: Supreme Court(14.09.2018)

Supreme Court has held that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in Ind.....

Tags : Supreme Court, Stamp Duty, Arbitration

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Place of Arbitration Doesn’t Ipso Facto Assume Status of Seat: Supreme Court(25.09.2018)

Supreme Court has held that place of arbitration does not ipso facto assume the status of its seat and observed that ‘venue’ cannot be equated with th.....

Tags : Supreme Court, Arbitration

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Supreme Court Denies Bail to Abhijit Iyer Arrested for Remarks on Konark Temple(05.10.2018)

Supreme Court has refused to grant bail to Odisha-based journalist Abhijit Iyer Mitra, who has been accused of making derogatory remarks on the Sun Te.....

Tags : Supreme Court, Abhijit Iyer Mitra

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Supreme Court Lists Out Factors to be Considered by Arbitrator While Awarding Interest(12.10.2018)

Supreme Court has listed factors that must be taken into consideration by the arbitrator while awarding interest, observed that discretion of the arbi.....

Tags : Supreme Court, Arbitration

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Supreme Court: Arbitral Award on the Issue of Limitation is an ‘Interim Award’(24.01.2018)

Supreme Court has held that an award delivered by an arbitrator, which decides the issue of limitation, is an interim award, that can be challenged se.....

Tags : Supreme Court, Arbitration

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Supreme Court: Arbitration Dispute Can't be Raised After Accepting F&F Payment of Contractual Amount(16.02.2018)

Supreme Court has held that the party should not have been permitted to raise arbitration dispute after accepting full and final payment of the contra.....

Tags : Supreme Court, Arbitration

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Supreme Court: Arbitration Award Can be Executed in Court Where Assets Are Located(16.02.2018)

Supreme Court has ruled that an arbitral award can straightaway be filed and executed in the Court where the assets are located, without first obtaini.....

Tags : Supreme Court, Arbitration

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SC Junks Singh Brothers’ Appeal Against Rs. 3500-Cr Arbitral Award To Daiichi(17.02.2018)

Supreme Court has rejected the petition filed by former promoters of Ranbaxy — Malvinder Mohan Singh and Shivinder Mohan Singh — challenging the Delhi.....

Tags : Supreme Court, Arbitration

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Arbitration Amendment Act, SC Says: New S. 36 Apply Even To pending S. 34 Applications(16.03.2018)

SC has clarified that since execution of a decree pertains to the realm of procedure, and that there is no substantive vested right in a judgment debt.....

Tags : Supreme Court, Arbitration

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Supreme Court Declares S.4(3)(b) of BPWC Arbitration Tribunal Act Unconstitutional(29.03.2018)

Supreme Court, while holding S. 4(3)(b) of Bihar Public Works Contracts Arbitration Tribunal Act, 2008, unconstitutional, has observed that a provisio.....

Tags : Supreme Court, Arbitration

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Supreme Court: Limitation u/s 34 of Arbitration Act Begins From Date of Delivery of Award Copy(30.03.2018)

Supreme Court has reiterated that the limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only fro.....

Tags : Supreme Court, Arbitration

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Arbitrator Can’t Issue Further Directions in an Award Without Proper ‘Adjudication': Delhi HC(04.06.2018)

Delhi High Court has held that an arbitrator cannot issue further ‘directions’ in an award based on settlement, without hearing both the parties in a .....

Tags : Delhi High Court, Arbitration

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DC Federal Judge Refuses To Confirm Arbitration Award To Hardy Oil & Gas(12.06.2018)

United State District Court for the District of Columbia has refused to confirm the arbitration award which would have resulted in Hardy Exploration &.....

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DC Federal Judge Refuses To Confirm Arbitration Award To Hardy Oil & Gas(12.06.2018)

United State District Court for the District of Columbia has refused to confirm the arbitration award which would have resulted in Hardy Exploration &.....

Tags : Arbitration

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Petition Under Section 34 A&C Act Petition not to be Remanded to Arbitrator for Fresh Decision: SC(16.10.2018)

Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to .....

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Unsigned Arbitration Agreement Not Invalid in All Cases: Supreme Court(05.11.2018)

Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....

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Unsigned Arbitration Agreement Not Invalid in All Cases: Supreme Court(05.11.2018)

Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....

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Unsigned Arbitration Agreement Not Invalid in All Cases:Supreme Court(05.11.2018)

Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases.....

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Application Under Order 2 Rule 2 CPC can’t be Considered by Court U/S 11 Arbitration Act: Delhi HC(16.11.2018)

Delhi High Court has held that courts cannot consider the question of viability of a claim under Order 2 Rule 2 of Code of Civil Procedure, while hear.....

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HC can Execute Foreign Arbitration Award Despite Change in Pecuniary Jurisdiction: Delhi HC(04.12.2018)

Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the high court, despite the change in pecuniary jurisd.....

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Challenge to Arbitrator Appointed should be Raised Before Arbitrator Himself First: SC(05.12.2018)

Supreme Court has reiterated that any challenge to arbitrator appointed should be raised before arbitrator himself under Section 13 of the Arbitration.....

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Orissa HC Grants Bail to Journalist Abhijit Iyer Mitra After 42 Days in Custody(06.12.2018)

Orissa High Court has granted bail to Abhijit Iyer Mitra, a journalist and Defense Analyst, who was jailed for his alleged Anti-Odisha remarks in twit.....

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Former Employee Not Disqualified from Acting As An Arbitrator: SC(04.01.2019)

Supreme Court has held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator, provided t.....

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Charging Exorbitant Fee can Lead to Termination of Arbitrator's Mandate: Rajasthan HC(07.01.2019)

Rajasthan High Court has terminated the mandate of an arbitrator for charging exorbitant fee beyond the prescribed limit.

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Mere Delay in Passing Award by Itself can't be Ground to Appoint Another Arbitrator: SC(24.01.2019)

Supreme Court has observed that mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another a.....

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Delhi HC Refuses To Stay Arbitration Against India Govt by Mauritius Company for Refund of 2G License(31.01.2019)

Delhi High Court has refused to stay international arbitration proceedings initiated against Union of India out of a Bilateral Investment Treaty (BIT).....

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Arbitral Tribunal can't Award Interest if Agreement Expressly Bars Its Payment: SC(08.02.2019)

Supreme Court has reiterated that arbitrator cannot award interest on award if the agreement expressly prohibits grant of interest.

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CRIMINAL - Calcutta HC Grants Interim Protection to MP Who has Joined BJP(19.02.2019)

Calcutta High Court has given MP Soumitra Khan, who had recently joined the BJP after quitting Trinamool Congress, interim protection from arrest for .....

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TENANCY - Whether Disputes Between Landlord-Tenant Arbitrable: SC Refers the Question to Larger Bench(08.03.2019)

Supreme Court has referred to larger bench the correctness of its judgment in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, in which it was held .....

Tags : Supreme Court, Himangni Enterprises v. Kamaljeet Singh Ahluwalia, Landlord-Tenant Arbitrable

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CIVIL - Delhi HC Stays Appointment of Custodian of Undertakings of International Arbitration Centre(11.03.2019)

Delhi High Court has stayed order appointing Dr. Rajiv Mani, Joint Secretary & Legal Advisor, Department of Legal Affairs, Ministry of Law & Justice a.....

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ARBITRATION - Pre-Deposit Clauses to Invoke Arbitration Makes Arbitral Process Ineffective: SC(12.03.2019)

Supreme Court has observed that pre-deposit clauses to invoke arbitration would render the arbitral process ineffective and expensive, and also struck.....

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COMPANY - Arbitration Tribunal Dismisses Punj Lloyd’s Claim Against ONGC(15.03.2019)

An arbitration tribunal has rejected a Rs. 1,320 crores claim filed by engineering, procurement and construction (EPC) contractor Punj Lloyd against O.....

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Court can Appoint Arbitrator Only After Resorting to Procedure in Arbitration Agreement: SC(01.04.2019)

Supreme Court has observed that High Court, while dealing with an application under Section 11(6) of Arbitration and Conciliation Act, seeking appoint.....

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Mandate of "Ineligible" Arbitrator u/s 12(5) of Arbitration Act terminates automatically: SC(17.04.2019)

Supreme Court held that ineligibility of a person barred from appointment as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act.....

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Person Ineligible to be Arbitrator U/S. 12(5) of Arbitration Act can’t Appoint Another Arbitrator: SC(17.04.2019)

Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of Arbitratio.....

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SC Asks ECI to Look into Alleged Sexual Remarks Made Against TMC Candidate Mahua Moitra(26.04.2019)

Supreme Court has directed Election Commission of India to look into allegations that offensive and sexually coloured remarks are being made against T.....

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Supreme Court: Termination of Arbitration Proceedings Cannot Be Recalled(16.05.2019)

Supreme Court has noted that the termination of Arbitration proceedings by the Arbitrator under Section 32(2) (c) of the Arbitration and Conciliation .....

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Delhi HC Gives Nod for Widening of Road Near Savitri Cinema Amid Litigation Over Land’s Ownership(22.05.2019)

Delhi High Court has given its nod to widen the road near Savitri Cinema intersection in South Delhi to remove traffic bottleneck.

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Bombay High Court: Arbitrators Must List No of Cases They Have(30.05.2019)

Bombay High Court has observed that companies or their advocates often appoint the same advocate in hundreds, even thousands of disputes as their arbi.....

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Delhi High Court Will Not Stop Plan to De-Clog Savitri Crossing(04.06.2019)

Delhi High Court has observed while asking AAP Government's Public Works Department to swiftly start road widening project at a key South Delhi traffi.....

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Gujarat High Court Issues Notice to IITRAM(20.06.2019)

Gujarat High Court has asked for a reply from the Institute of Infrastructure, Technology, Research, and Management (IITRAM) and the State Government,.....

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Supreme Court Refuses to Apply 'Group Of Companies' to Implead Foreign Company in Arbitration(03.07.2019)

Supreme Court has declined to invoke the group of companies doctrine to implead a foreign company in an application for appointment of arbitrator for .....

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Lok Sabha Passes New Delhi International Arbitration Centre Bill, 2019(11.07.2019)

Lok Sabha has passed the New Delhi International Arbitration Centre Bill, 2019. The Bill, which replaces an Ordinance promulgated in March this year, .....

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SC: No Unusual Treatment to be Given to Govt While Considering Application for Stay of Arbitral Award(15.07.2019)

Supreme Court (SC) had held that there is no unusual treatment to be given to the Government while considering the application for stay under Section .....

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Supreme Court Explains Venue of Arbitration Along With Jurisdiction of High Court(26.07.2019)

Supreme Court has noted that when a place is agreed upon by the parties as the 'venue' of Arbitration, only the High Court having jurisdiction over th.....

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Supreme Court Explains Whether Arbitration Clause Can be Invoked After Parties Compromise(01.08.2019)

Supreme Court has ruled that when the parties to a contract containing arbitration clause have settled their differences and have arrived at a comprom.....

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Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2019(02.08.2019)

Lok Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2019. The Bill aims at making India an international arbitration hub by provid.....

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Apex Court: Application under Section 11 of Arbitration Act to Appoint Arbitrator Not Valid(28.08.2019)

Apex Court has ruled that an application under Section 11 of the Arbitration and Conciliation Act, 1996/Arbitration Act for appointment of an arbitrat.....

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Delhi HC Issues Notice in Plea Moved by Mahua Moitra Against Summons Issued in Defamation Case(06.08.2020)

Delhi High Court has issued notice to State Government and Zee Media Corporation in a plea moved by Mahua Moitra, seeking the quashing of a summoning .....

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Calcutta HC: Indian Courts Can Grant Anti-Arbitration Injunction Against Foreign-Seated Arbitration(17.08.2020)

Calcutta High Court has ruled that Civil Courts in India do have the power to grant anti-arbitration injunctions against a foreign-seated arbitration,.....

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SC Lays Down Tests to Determine 'Fraud Exception' to Arbitrability of Disputes(21.08.2020)

Supreme Court has laid down the tests to determine "serious allegations of fraud" exemption to arbitrability of disputes.

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J&K HC Approves Establishment of Court Annexed International Arbitration Centre(21.09.2020)

Jammu and Kashmir High Court has accorded approval to set up the Jammu and Kashmir International Arbitration Centre (JKIAC), annexed to the High Court.....

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SC: Non-Participation in Arbitral Proceedings Results in Waiver of Right to Object Jurisdiction(30.04.2020)

Supreme Court has held that non-participation in Arbitral proceedings by a party and failure to raise objections before the Arbitrator would preclude .....

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President Promulgates Arbitration and Conciliation Ordinance, 2020(04.11.2020)

President of India, Mr. Ram Nath Kovind has promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020, through which changes have been .....

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Delhi HC Refuses to Stay Defamation Proceedings Against MP Mahua Moitra(06.11.2020)

Delhi High Court has refused to stay the defamation proceedings pending before the Rouse Avenue Court pertaining to the criminal defamation case filed.....

Tags : Delhi High Court, Defamation Proceedings, Mahua Moitra

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HP HC Pulls Up State Civil Supply Corporation for Arbitrary Discretion in Grant of Largesses(09.11.2020)

Himachal Pradesh High Court has pulled up the State Civil Supply Corporation for arbitrary exercise of discretion in the matter of grant of largesses .....

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SC: Proceedings under Section 34 of Arbitration Act, 1996 not Sustainable Against Foreign Award(30.11.2020)

Supreme Court has noted that the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable to challenge a foreign.....

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International Chamber of Commerce Launches Arbitration Rules 2021(16.12.2020)

International Chamber of Commerce (ICC) has come up with new set of Arbitration Rules 2021 ("ICC Rules 2021") which will come in effect from 01st Janu.....

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SC: ‘Existence of Arbitration Agreement’ Would Include Aspect of Validity of Arbitration Agreement(16.12.2020)

Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration and Conciliation Act, 1996 would incl.....

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Court of Arbitration for Sport Cuts Down Four-Year Ban on Russia from World Athletic Events(18.12.2020)

Court of Arbitration for Sport has cut the four-year ban on Russia competing in international athletic competition because of its state-sponsored dopi.....

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International Arbitration Tribunal Directs India to Pay Damages to Cairn in Tax Dispute(24.12.2020)

International Arbitration Tribunal has asked India to pay Rs 8,000 Crores as damages in a tax dispute to the UK oil major Cairn Energy Plc. to rever.....

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Supreme Court Issues Notice to EC on Plea by Mahua Moitra(10.12.2019)

Supreme Court has issued notice to the Election Commission on a plea of MP Mahua Moitra seeking direction to the poll body to publish on its website t.....

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Apex Court: Delay of More than 120 Days in Filing Arbitration Appeal not Liable to be Condoned(16.12.2019)

Apex Court has observed that a delay of more than 120 days in filing appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is not liab.....

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Supreme Court: Arbitration Rulings Should not be Muddled(19.12.2019)

Supreme Court has observed that arbitration awards should be intelligible, reasoned and adequate, in order to avoid wastage of time for the parties co.....

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Delhi High Court: Scope of Interference with International Commercial Arbitration is Limited(20.01.2020)

Delhi High Court has dismissed a German manufacturer's claim for damages against Bharat Heavy Electricals Limited, India. The Court observed that the .....

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Calcutta HC: Application to Set Aside Arbitral Award Cannot Be Put on Hold Due to Invocation of IBC(20.01.2020)

Calcutta High Court has stated that an application to set aside an arbitral award under the Arbitration and Conciliation Act, 1996 cannot be kept in a.....

Tags : Calcutta High Court, Set Aside of Arbitral Award, Insolvency and Bankruptcy Code Provisions

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Calcutta HC: Unreasoned Arbitral Awards are Opposed to Public Policy Under Section 34 of A&C Act(21.01.2020)

Calcutta High Court has set aside an arbitral award that was found to be bereft of proper reasoning and application of mind. The Court has held that a.....

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SC: Minimal Interference by Courts in Terms of Section 48 of Arbitration & Conciliation Act, 1996(14.02.2020)

Supreme Court has held that while considering grounds for setting aside a foreign award, Court must warrant minimal interference. The Court has emphas.....

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Allahabad HC Extends 12 Months Period for Disposal of Arbitral Proceedings(06.04.2020)

Allahabad High Court has extended the 12 months period stipulated under Section 29A of the Arbitration & Conciliation Act, 1996, for the Arbitral Trib.....

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Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)

Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....

Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope

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SC Upholds Medical Oxygen IP and Nitrous Oxide to be Taxed As Per Entry 88 of VAT Act(13.04.2020)

Supreme Court has held that 'Medical Oxygen IP' and 'Nitrous Oxide IP' should be taxed as drugs under Entry 88 of the Andhra Pradesh Value Added Tax A.....

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Delhi HC Allows Application to Extend Time for Completion of Arbitration Proceedings(16.04.2020)

Delhi High Court has allowed extension of time in a plea moved under Section 29A(5) of the Arbitration and Conciliation Act, 1996 for concluding the a.....

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SC: Arbitration Award Fixing Price of Land Can't be Executed Like a Decree(27.04.2020)

Supreme Court has held that an arbitration award fixing the price of the land cannot be executed like a decree for specific performance of sale agreem.....

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Supreme Court: Person Interested in Outcome of Dispute Must not have Power to Appoint Sole Arbitrator(27.11.2019)

Supreme Court has reiterated that a person who has an interest in the outcome or decision of the dispute must not have power to appoint a sole arbitra.....

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Supreme Court Invalidates Sec 87 of Arbitration & Conciliation Act Inserted through 2019 Amendment(28.11.2019)

Supreme Court has struck down Section 87 of the Arbitration and Conciliation Act, 1996 which was inserted through the 2019 Amendment Act passed by the.....

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EU Fines Google $5 Billion Over Android Antitrust Abuse(19.07.2018)

European Union (EU) has fined Google with a record antitrust fine for abusing the dominance of its Android mobile operating system.

Tags : European Union, google, antitrust

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Government Extends Deadline for Filing ITR to August 31, But Not for Everyone(27.07.2018)

Income Tax department has extended the last date to file Income Tax Returns (ITR) from July 31 to August 31 for “certain categories of taxpayers”.

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SC: Additional Evidence in Proceedings u/s 34 Arbitration Act Can be Adduced Only in Exceptional Case(24.09.2019)

Supreme Court has observed that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the recor.....

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Delhi High Court Sets Aside Stay Order Over Mahua Moitra's Defamation Complaint(18.10.2019)

Delhi High Court has set aside an order staying proceedings in a defamation complaint filed by Trinamool Congress MP Mahua Moitra against Zee News and.....

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SC: HC Should Be Extremely Circumspect in Interfering With Orders Passed Under Arbitration Act(09.04.2021)

Supreme Court has reiterated that a High Court while exercising jurisdiction under Article 226 and 227 of the Constitution of India, 1949 should be ex.....

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Delhi HC: Tribunals Should Decide Objections on Its Jurisdiction as Preliminary Issue(12.04.2021)

Delhi High Court has held that following the principle of kompetenze-kompetenze, an Arbitral Tribunal has the power to rule on its own jurisdiction. H.....

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Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)

Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....

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SC: When Parties Change Venue of Arbitration by Mutual Agreement, New Place is Seat of Arbitration(19.04.2021)

Supreme Court has held that when parties change the 'venue/place of arbitration' by mutual agreement, the new venue/place will become the 'seat of the.....

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SC: Indian Parties Can Choose a Foreign Seat for Arbitration(22.04.2021)

Supreme Court has held that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outsi.....

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Calcutta HC: Arbitral Award Holder’s Claim Would Extinguish on Approval of Resolution Plan(10.05.2021)

Calcutta High Court has stated that an arbitral award-holder's claim would stand extinguished upon the approval of a Resolution Plan for the award-deb.....

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SC: Existence of Arbitration Clause Does Not Debar Court from Entertaining Writ Petition(14.05.2021)

Supreme Court has observed that the existence of an arbitration clause does not debar the court from entertaining a writ petition in a contractual mat.....

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NHRC Seeks Government Response on Chitrakoot Prison Firing Incident(19.05.2021)

National Human Rights Commission (NHRC) has sought response from the Uttar Pradesh Director General of Police and local and prison authorities of Chit.....

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SC: HC Should Not Entertain Dispute Which is Arbitrable Unless Issue of Public Interest(02.04.2021)

Supreme Court has observed that ordinarily a High Court in its jurisdiction under Article 226 of the Constitution of India, 1949 has to decline to ent.....

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SC: Power of High Courts to Interfere with Arbitration Should be Used Rarely(07.01.2021)

Supreme Court has observed that the power of the High Courts under Article 226/227 of the Constitution of India, 1949 to interfere with an arbitration.....

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Allahabad HC: Arbitration Under Highways Act Limited to Independent Determination of Compensation(19.02.2021)

Allahabad High Court has ruled that arbitration under section 3-G (5) of The National Highways Act, 1956 is limited to the determination of the fair a.....

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Madras HC: Arbitration Court Not to Embark on Fact-Finding Exercise Within S.34 A&C Act(01.03.2021)

Madras High Court has stated that the exercise undertaken to rewrite the arbitration award by ascribing reasons in support of the claims allowed and q.....

Tags : Madras High Court, Setting Aside of Arbitral Award

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MP HC: Commercial Matters Involving Arbitration Disputes Can Only Be Heard by Commercial Court(05.03.2021)

Madhya Pradesh High Court has held that Commercial matters involving Arbitration disputes can only be heard by Commercial Court of the status of Distr.....

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SC Suggests Amendments to Sections 11(7), 37 of Arbitration and Conciliation Act(09.03.2021)

Supreme Court has observed that the amendments to Section 11(7) and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the or.....

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Arbitral Tribunal Holds Zo Rooms Entitled to 7% Shareholding in $9 Billion Valued-Oyo(09.03.2021)

Arbitral Tribunal, in a tussle between Oravel Stays Pvt Ltd (Oyo) and start-up Zostel Hospitality Pvt Ltd (Zostel), has held that Zo Rooms is entitled.....

Tags : Arbitral Tribunal, Oyo-Zostel Arbitration

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Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 for Automatic Stay on Awards(11.03.2021)

Rajya Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. It seeks to amend the Arbitration and Conciliation Act, .....

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Central Government Introduces Arbitration and Conciliation (Amendment) Bill, 2021(05.02.2021)

Central Government has introduced the Arbitration and Conciliation (Amendment) Bill, 2021 in Lok Sabha to amend the arbitration law to ensure that all.....

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Lok Sabha Passes Arbitration & Conciliation (Amendment) Bill, 2021(15.02.2021)

Lok Sabha has passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. The Bill seeks to amend the Arbitration and Conciliation A.....

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London Court of International Arbitration Issues Second Arbitral Award in Favour of SOCAR(29.01.2021)

London Court of International Arbitration has awarded US$ 63,000,000 in the second proceeding between SOCAR and Palmali under London Maritime Arbitrat.....

Tags : London Court of International Arbitration, SOCAR Group

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Singapore International Arbitration Centre Extends Interim Ruling for Amazon-Future Dispute(29.01.2021)

Singapore International Arbitration Centre (SIAC) has extended the interim ruling, which was in Amazon’s favor and valid for 90 days in Amazon-Future .....

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Singapore International Arbitration Centre Extends Interim Ruling for Amazon-Future Dispute(29.01.2021)

Singapore International Arbitration Centre (SIAC) has extended the interim ruling, which was in Amazon’s favor and valid for 90 days in Amazon-Future .....

Tags : Singapore International Arbitration Centre, Amazon-Future Dispute

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Allahabad HC Issues Direction to Ensure Compliance of Safeguards from Arbitrary Arrest(01.02.2021)

Allahabad High Court has directed the Police authorities to desist from making automatic/ routine arrests, especially in dowry cases, and strictly com.....

Tags : Allahabad High Court, Arbitrary Arrest in Dowry Cases

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CBDT Declines Further Extension of Due Dates for Filing ITRs(12.01.2021)

Central Board of Direct Taxes (CBDT) has declined all representations seeking further extension of due dates for filing of Audit Reports and Income Ta.....

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Supreme Court: Basis that Allegations of Fraud are not Arbitrable is a Wholly Archaic View(13.01.2021)

Supreme Court has ruled that the ground that allegations of fraud are not arbitrable is a wholly archaic view, which has become obsolete, and deserves.....

Tags : Supreme Court, Fraud, Arbitrable

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Gujarat HC Refuses to Interfere with CBDT’s Decision to Not Grant Extension on Filing ITR(15.01.2021)

Gujarat High Court has declined to interfere with the decision of the Central Board of Direct Taxes (CBDT), to not grant any further extension for fil.....

Tags : Gujarat High Court, Extension on Filing ITR

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Delhi HC: Order Terminating Arbitration Proceedings Not an Award(15.01.2021)

Delhi High Court has ruled that an order terminating arbitration proceedings under Section 32(2)(c) of the Arbitration & Conciliation Act, 1996 is not.....

Tags : Delhi High Court, Order Terminating Arbitration Proceedings

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SC: Section 12(5) Of Arbitration & Conciliation Act is Mandatory & Non- Derogable Provision(22.01.2021)

Supreme Court has observed that the Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule, which deals with ineli.....

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CIC: Husband Not Entitled to Seek Information Regarding Bank Details & ITR of His Wife(25.01.2021)

Central Information Commission has said that a husband is not entitled to seek information regarding bank details & income tax returns of his wife und.....

Tags : Central Information Commission, Bank Details and ITR of Wife

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Calcutta HC: Application u/s 9 Of A&C Act Can be Filed Where Part of Cause of Action has Arisen(14.10.2020)

Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act, 1996 can be filed where a part of the ca.....

Tags : Calcutta High Court, Application u/s 9 of the Arbitration and Conciliation Act, 1996

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Calcutta HC Quashes FIR by Mahua Moitra Against Babul Supriyo(15.10.2020)

Calcutta High Court has quashed the Criminal Proceedings launched against the Union Minister Babul Supriyo, based on a charge sheet filed by the State.....

Tags : Calcutta High Court, Babul Supriyo, Mahua Moitra

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Singapore Arbitral Tribunal Injuncts RIL-Future Group Deal in Plea by Amazon(26.10.2020)

Singapore International Arbitration Tribunal has injuncted Reliance Industries Ltd.'s acquisition of some Future Group entities for Rs 24,713 Crores o.....

Tags : Singapore Arbitral Tribunal, RIL-Future Group Deal

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SC: Jurisdiction of High Court Hearing An Arbitration Appeal Is Distinct from First Appellate Court(16.11.2021)

Supreme Court has observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the Hi.....

Tags : Supreme Court, Jurisdiction of High Court Hearing An Arbitration Appeal

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SC: Arbitrator Cannot Modify Award on An Application Under Section 33 Arbitration Act(23.11.2021)

Supreme Court has observed that an Arbitrator cannot modify an Arbitration award on an application filed under Section 33 of the Arbitration and Conci.....

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Kerala HC: Where Dispute Not Adjudicated Upon by Authority, Dispute Becomes Arbitrable(08.12.2021)

Kerala High Court has ruled that if a dispute is to be adjudicated upon by an authority other than the Arbitrator as per the agreement between the par.....

Tags : Kerala High Court, Arbitrability of Dispute

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SC: Arbitral Tribunal Before 2015 Amendment Would Lose Mandate on Violation of Neutrality Clause(05.01.2022)

Supreme Court has held that an arbitral tribunal constituted as per an arbitration clause before the 2015 amendment to the Arbitration and Conciliatio.....

Tags : Supreme Court, Arbitral Tribunal Before 2015 Amendment , Violation of Neutrality Clause

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SC: Party Without Notice of Section 11(6) Petition Filed By Other Party Free to Appoint Arbitrator(06.01.2022)

Supreme Court has held that a party to the arbitration agreement can appoint an arbitrator even after an Arbitration Petition under Section 11(6) of t.....

Tags : Supreme Court, Appointment of Arbitrator

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Singapore Arbitration Panel: Future Retail Must Take Part in Arbitration Over Dispute with Amazon(22.10.2021)

Singapore Arbitration Panel has ruled that Future Retail must take part in arbitration over a commercial dispute with Amazon.com Inc, rejecting the In.....

Tags : Singapore Arbitration Panel, Future Retail, Amazon

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CBIC Directs to Issue SCNs on Difference in ITR-TDS Data Only After Proper Verification(28.10.2021)

Central Board of Indirect Taxes and Customs (CBIC) directed the GST Officer to issue show-cause notices based on the difference in ITR-TDS data and se.....

Tags : Central Board of Indirect Taxes and Customs, Difference in ITR-TDS Data

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Central Government Amends GFRs Permitting Payment of 75% Arbitral Amount to Contractors(10.11.2021)

Central Government has amended the General Financial Rules, 2017 (GFRs), followed by the government departments and agencies, to give effect to a Cabi.....

Tags : Central Government, Payment of Arbitral Award to Contractors

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UP Court Convicts Former UP Minister Gayatri Prajapati in Chitrakoot Gang Rape Case(11.11.2021)

Special Court in Lucknow, Uttar Pradesh has convicted former Uttar Pradesh minister Gayatri Prajapati and two others in the Chitrakoot Gang Rape Case .....

Tags : Special Court in Lucknow, Uttar Pradesh, Chitrakoot Gang Rape Case

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SC: Arbitration - 2015 Amendment Won't Apply to Section 34 Applications Filed Prior to It(12.11.2021)

Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications t.....

Tags : Supreme Court, Arbitration - 2015 Amendment

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Kerala HC: Neither Party Nor Person Nominated by It Can be Arbitrator(20.08.2021)

Kerala High Court has held that neither a party to an Arbitration Agreement nor a person nominated by it can be nominated an arbitrator, even if the a.....

Tags : Kerala High Court, Arbitrator

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SC: Contravention of Statute Cannot Be Ground to Set Aside an Arbitral Award(10.09.2021)

Supreme Court has observed that contravention of a statute which is not linked to public policy or public interest cannot be a ground to set aside an .....

Tags : Supreme Court, Ground to Set Aside an Arbitral Award

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SC: Bar U/s 9(3) Arbitration Act Not Applicable Before Constitution of Arbitration Tribunal(15.09.2021)

Supreme Court has observed that the bar under Section 9(3) of the Arbitration and Conciliation Act, 1996 operates only when the application under Sect.....

Tags : Supreme Court, Bar U/s 9(3) Arbitration Act

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SC: Arbitration Reference Can be Declined if Dispute Does Not Correlate to Arbitration Agreement(23.09.2021)

Supreme Court has observed that prayer for reference to Arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 can be declined if .....

Tags : Supreme Court, Arbitration Reference

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Central Board Direct Taxes Issues E-Filing ITR 6 Schema Changes for AY 2021-22(23.09.2021)

Central Board Direct Taxes (CBDT) has issued e-Filing ITR 6 Schema Changes for Assessment Year 2021-22. The purpose of this document is to track the c.....

Tags : Central Board Direct Taxes, E-Filing ITR 6 Schema Changes

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Delhi High Court: Seat of Arbitration Is Decided as Per Arbitration Agreement(27.09.2021)

Delhi High Court has observed that the seat of arbitration is to be decided according to the arbitration agreement between the parties and that the Ru.....

Tags : Delhi High Court, Seat of Arbitration

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SC: Department Officer Can Continue to Preside Over Arbitration Proceedings After Retirement(27.09.2021)

Supreme Court has held that a department officer, who was appointed as the arbitrator, can continue to preside over the arbitration proceedings even a.....

Tags : Supreme Court, Retired Arbitrator

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Bombay HC: Arbitral Tribunal Cannot Apply Public Law Principles(21.06.2021)

Bombay High Court while setting aside the arbitration award against the BCCI over the termination of Deccan Chargers from IPL observed that an Arbitra.....

Tags : Bombay HC, Arbitral Tribunal

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Delhi HC: Foreign State Cannot Claim Sovereign Immunity Against Enforcement of Arbitral Award(23.06.2021)

Delhi High Court has held that a Foreign State cannot claim sovereign immunity under Section 86 of Code of Civil Procedure, 1908 against enforcement o.....

Tags : Delhi High Court, Sovereign Immunity Against Enforcement of Arbitral Award

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SC: Provisions of Limitation Act Will Apply to Arbitration Proceedings Under MSMED Act(30.06.2021)

Supreme Court held that the provisions of Limitation Act, 1963 will apply to arbitration proceedings initiated under Section 18(3) of Micro, Small and.....

Tags : Supreme Court, Arbitration Proceedings Under MSMED Act

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Delhi Court Upholds Order Summoning Sudhir Choudhury in Mahua Moitra's Defamation Complaint(06.07.2021)

Delhi Court has dismissed a revision application filed by Zee anchor Sudhir Chaudhary wherein it upheld a summoning order passed by a Metropolitan Mag.....

Tags : Delhi Court, Mahua Moitra

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LCIA Rules Against Djibouti’s Port Company in Dispute with DP World(13.07.2021)

London Court of International Arbitration (LCIA) has ruled against Djibouti’s port company, Port de Djibouti S.A. (PDSA), in its dispute with DP World.....

Tags : London Court of International Arbitration, Djibouti’s Port Company

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SIAC Concludes Hearing on Amazon-Future Dispute, to Deliver Judgment in 1 Month(20.07.2021)

Singapore International Arbitration Centre (SIAC) has concluded its hearing on the plea filed by e-commerce major Amazon against the Rs 24,713-crore d.....

Tags : Singapore International Arbitration Centre, Amazon-Future Dispute

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SC: Courts Cannot Modify Award Passed Under Section 34 of Arbitration Act(21.07.2021)

Supreme Court has held that Courts cannot modify an award passed under Section 34 of the Arbitration and Conciliation Act, 1996 in Project Director, N.....

Tags : Supreme Court, Modification of Arbitral Award

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SC: Arbitration Award Which Ignores Vital Evidence in Arriving Decision Can be Set Aside(29.07.2021)

Supreme Court has observed that an arbitration award which ignores vital evidence in arriving at its decision or rewrites a contract is liable to be s.....

Tags : Supreme Court, Arbitration Award

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Calcutta HC: Choosing Foreign Law Would Not Exclude Application u/s 9 Arbitration Act(05.08.2021)

Calcutta High Court has ruled that choosing foreign law to govern arbitration would not, by itself, exclude the application of Section 9 of the Arbitr.....

Tags : Calcutta High Court, Foreign Law Governing Arbitration

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Calcutta HC: Section 9 Arbitration Act Will Apply to Foreign Arbitration Unless Expressly Excluded(06.08.2021)

Calcutta High Court has held that choosing foreign law to govern an arbitration would not in itself exclude the application of Section 9 of the Arbitr.....

Tags : Calcutta High Court, Foreign Arbitration

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Top Story

Central Government exempts certain non-residents from furnishing ITR(11.10.2021)

The Central Government exempts certain class of persons, subject to the conditions, from the requirement of furnishing a return of income under sub-se.....

Tags : ITR, Exemption, Non-residents

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Government extends due date of furnishing of Income Tax Returns and Audit Reports(24.10.2020)

In view of the challenges faced by taxpayers in meeting the statutory and regulatory compliances due to the outbreak of COVID-19 and imposition of loc.....

Tags : ITR, Dates, Extension

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Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021(12.02.2021)

Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021 repealing the Arbitration and Conciliation (Amendment) Ordinance, 2020 promulgate.....

Tags : Arbitration Act, Amendment

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Income Tax Department set to launch new, taxpayer-friendly e-filing Portal(05.06.2021)

The Income Tax Department is set to launch its new e-filing portal on 7th June, 2021 that is today. Department introduces Several New Features. The ne.....

Tags : ITR, Portal, Launch

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New Delhi International Arbitration Centre Bill, 2019 gets Cabinet’s nod(12.06.2019)

The Union Cabinet chaired by Prime Minister approves New Delhi International Arbitration Centre Bill, 2019 (NDIAC) to achieve aim of making India a hu.....

Tags : Arbitration Centre, Bill, Approval

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Cabinet approves Ordinance to set up a New Delhi International Arbitration Centre(28.02.2019)

In order to make India a hub of institutionalised arbitration, Union Government has approved promulgation of an Ordinance for establishing New Delhi I.....

Tags : Arbitration Centre, Ordinance, Approval

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Global Conference on Strengthening Arbitration and Enforcement in India(21.10.2016)

The National Institution for Transforming India (NITI Aayog) organised a three day Global Conference for strengthening National Initiative towards Str.....

Tags : Conference, Arbitration, Strethening

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Blast from the Past

Party partaking in arbitration waives right to object validity(21.02.2002)

By participating in arbitration proceedings without protest, or objection before a court at the initial stage, a party is deemed to have waived its ri.....

Tags : arbitration, jurisdiction, acquiescence, participation, without protest

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