When a Business Dispute Becomes a Legal One Most business disputes do not start in court. They start with an unpaid invoice, a contract that was not honoured, a partner who stopped cooperating, or a party that simply walked away from a deal. What takes them to court is the absence of any other credible …
What Is Commercial Litigation in India? A Guide for Business Owners Read More »
International commercial arbitration isn’t just a side option in India anymore—it’s become the go-to way to settle complex contract disputes, especially when there’s cross-border business at stake. These days, corporations, investors, and global companies are skipping the long courtroom slog and turning straight to arbitration. As international trade involving Indian businesses expands, arbitration clauses are …
Why International Commercial Arbitration Is Surging in India: 7 Key Legal Drivers Read More »
Overview: The Hon’ble Delhi High Court, in the case of Rani Construction v. Union of India (ARB.P. 1011/2023), ruled that arbitral institution membership cannot be mandated as a prerequisite for arbitration. Hon’ble Justice Sachin Datta’s bench clarified that when parties opt for arbitration under an institution, it doesn’t imply automatic membership acceptance. Facts:The dispute arose …
The recent ruling by the Hon’ble Supreme Court, in the case of NBCC (India ) Ltd. vs. Zillion Infra Projects Pvt. Ltd., reiterated that arbitration cannot be invoked based on an arbitration clause in another contract unless specifically referenced in the main contract. The court reversed the High Court’s decision, stating that parties must settle …
In a recent case of M/S Arif Azim Co. Ltd. vs M/S Aptech Ltd, Arbitration Petition No. 29 of 2023, the Supreme Court held that the Limitation Act, 1963, applies to proceedings for appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“A&C Act”). This ruling signifies that if claims exceed the time …
In the case of Morgan Securities & Credits Pvt Ltd. vs Samtel Display Systems Ltd., [O.M.P. 476/2012 & IA No. 5379/2023] the Delhi High Court single bench comprising Justice Sachin Datta held that an arbitral award marked by inherent inconsistencies and internal contradictions is deemed as perverse and patently illegal under Section 34 of the …
Introduction Following the landmark decision of the Supreme Court in Cox & Kings Ltd. v. SAP India Pvt. Ltd, which extensively discussed the ‘Group of Companies’ doctrine, the Delhi High Court, in the matter of Vingro Developers Pvt. Ltd. v. Nitya Shree Developers Pvt. Ltd. (“Vingro Case”), has offered insights into the application of this …
Can a Director of a Disputing Company be Made Party to an Arbitration Proceeding? Read More »
Introduction On January 31, 2024, Paytm, a prominent player in India’s fintech sector, was embroiled in a regulatory crisis when the Reserve Bank of India (RBI) imposed restrictions, effectively halting Paytm Payments Bank from providing core services. The aftermath was swift and severe, with Paytm’s stocks plummeting by 36% within two days, resulting in a …
Introduction: Introduction: The National Company Law Appellate Tribunal (NCLAT) in Delhi, in the case of Vishram Narayan Panchpor, Resolution Professional (RP) of Blue Frog Media Pvt. Ltd. vs Committee of Creditors (CoC) of Blue Frog Media Pvt. Ltd. & Anr, presided over by Justice Ashok Bhushan, Chairperson along with Technical Members Mr. Barun Mitra and …
NCLAT Delhi: Not All Promoters Are Ineligible To Submit a Resolution Plan Read More »
Going by a recent order of the NCLT Chennai bench, in the case of Ashok Magnetics Limited, this critical aspect of the code is likely to be reviewed Since its inception, the Insolvency and Bankruptcy Code (IBC) has been hailed as a monumental reform that would help tackle the problem of bad loans plaguing the …
How NCLT Chennai’s order may restrain the freedom of creditors’ panel Read More »
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