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#ArbitrationLaw
Hon'ble Supreme Court of India: No Arbitration Without Valid Agreement; Participation Does Not Confer Jurisdiction
M/s Bharat Udyog ltd. ( Formerly known as M/s Jai Hind Contractors Pvt. Ltd.) vs. Ambernath Municipal Council & Anr., the Hon’ble Supreme Court of India has held that mere participation in arbitral proceedings does not stop a party from challenging the inherent lack of jurisdiction of the arbitral tribunal in the absence of a...
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Hon'ble Supreme Court of India: One-Sided Contractual Clauses Cannot Bar Legal Remedies!
M/s ABS Marine Services vs The Andaman and Nicobar Administration, the Hon’ble Supreme Court of India has held that contractual clauses in government agreements cannot be framed in a manner that completely bar a private party from seeking legal remedies Hon’ble Courts or Ld. Arbitral tribunals. The dispute arose from a manning agreement executed between...
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Hon'ble Supreme Court of India Belated Jurisdictional Challenge Not Maintainable After Participation in Arbitration!
In Municipal Corporation of Greater Mumbai v. M/s R.V. Anderson Associates Limited, the Hon’ble Supreme Court of India has clarified that a belated jurisdictional challenge cannot be raised after a party has actively participated in arbitral proceedings without objection. The dispute arose from a consultancy agreement between the Municipal Corporation of Greater Mumbai and M/s...
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Hon'ble Supreme Court Holds Arbitral Tribunal Cannot Award Interest If Contract Prohibits It!
In the Union of India & Ors. v. Larsen & Turbo Limited, the Hon’ble Supreme Court has clarified the scope of an arbitral tribunal’s power to grant interest under Section 31(7) of the Arbitration and Conciliation Act, 1996. The Supreme Court of India held that an arbitral tribunal cannot award pre-award or pendente lite interest...
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Commercial Dispute Lawyer in Connaught Place
Commercial Dispute : In today’s competitive business environment, commercial disputes are almost inevitable. Whether it involves breach of contract, shareholder conflicts, partnership disagreements, unpaid invoices, or intellectual property issues, businesses must choose the most effective dispute resolution mechanism. In India, commercial disputes are primarily resolved through court litigation or arbitration. Understanding the differences between these...
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Supreme Court on Delay and Deficiency in Arbitral Awards
In  Lancor Holdings Limited v. Prem Kumar Menon & Ors., the Hon’ble Supreme Court has set aside an arbitral award that was rendered nearly four years after the conclusion of proceedings , holding that such  inordinate delay and failure to adjudicate core disputes amounts to a violation of the public policy of India under Section...
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Intellectual Property Law: Safeguarding Creativity, Innovation, and Commercial Identity in a Global Economy
Hon’ble Ms. Justice Jyoti Singh and Hon’ble Ms. Justice Tara Ganju will lead a discussion on “Proposed Amendments to the Indian Arbitration Act – A    Response to User’s Needs?   Organized by Arbitral Women, Shardul Amarchand Mangaldas & Co, and Wilmer Cutler Pickering Hale and Dorr.
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Engineering Projects (India) Limited v MSA Global LLC (OMAN): A Landmark Ruling on Anti-Arbitration Injunctions
The Delhi High Court’s recent judgment in  Engineering Projects (India) Limited v MSA Global LLC (OMAN)  has sent ripples through the arbitration community. In a significant development, the Hon’ble Court held that Indian civil courts can grant anti-arbitration injunctions against foreign-seated arbitrations if those proceedings are deemed vexatious, oppressive, or contrary to India’s public policy....
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"Silent Verdicts: Resolving Disputes Beyond the Courtroom Through Arbitration"
 Understanding the Scope of Arbitration Agreements in Multi-Party Commercial Transactions | Arbitration Can’t Be Restricted To Specific Respondents When Agreements Form Part Of Single Commercial Transaction The efficacy of arbitration agreements in commercial contracts is well-established, providing a viable alternative dispute resolution mechanism for parties involved. However, the scope of these agreements can be a...
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Bombay High Court Ruling: Arbitral Tribunal's Obligation to Provide Reasons while dealing with Liquidated Damages
The Bombay High Court’s recent judgment in HPCL v. GR Engineering Pvt Ltd has underscored the importance of reasoned decisions in arbitration proceedings. The case involved a dispute arising from a 2006 contract between Hindustan Petroleum Corporation Limited (HPCL) and GR Engineering Pvt Ltd (GRE) for the construction of LPG mounded bullets at a refinery...
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