The principle of kompetenz – kompetenz is enshrined in section 16 of the Arbitration and Conciliation Act, 1996 (the Act). Read with section 8 of the Act, this principle gives the arbitral tribunal exclusive power to determine a dispute referred vide the arbitration agreement between the parties. However, the Act does not provide the arbitral tribunal with exclusive power […]
Arbitral Tribunal’s Power to Re-examine Interim Reliefs decided by a Court Read More »
Before the enactment of the Jammu and Kashmir Reorganisation Act, 2019 (Reorganisation Act, 2019), the State of Jammu and Kashmir shared a unique relationship with the Arbitration and Conciliation Act, 1996 (Arbitration Act 1996). Pursuant to Section 1(2)[1], the Arbitration Act 1996 was made applicable to the whole of India, including the State of Jammu and Kashmir with certain
DOMESTIC ARBITRATION AFTER THE JAMMU AND KASHMIR (REORGANISATION) ACT 2019 Read More »
The growing cost of litigation and arbitration and consumption of time due to overcrowded court lists led to a search for quicker dispute resolution processes all across the world. Mediation is one such process which is often attempted to amicably settle the disputes before litigation or arbitration. In the third edition of the international conference
Mandatory mediation: A solution to pendency of ‘commercial disputes’? Read More »
The President of India on 28 December 2019 promulgated the Insolvency and Bankruptcy Amendment (Ordinance) Act, 2019 (the “Ordinance”) to amend several provisions of the Insolvency and Bankruptcy Code, 2016 (the “Code”). Pertinently, section 3 of the Ordinance amended section 7 of the Code by adding three provisos to it. The provisos have limited the right of two classes
IBC ORDINANCE, 2019: IMPLEADMENT OF ALLOTTEES IN A PENDING APPLICATION Read More »
What are the legal consequences when a person visits a hotel and gives their car for valet parking, which is later reported as lost or damaged? In such cases of loss or damage from infra hospitium (meaning “within the hotel”), a question often arises as to the nature of liability of such hotel-owner or innkeeper. To determine
INDIA’S APPROACH TO LIABILITY OF HOTELS FOR LOSS OF GUEST PROPERTY Read More »
Introduction Robert Lee Frost, an American poet and Pulitzer Prize winner, had once said that “home is the place where, when you have to go there, they have to take you in”. However, this does not seem to be the case for the home-buyers in India in any near future. They presently, only wonder that
Legislative Policies and COVID-19 bereft the Home-buyers of the remedies Read More »
Arbitration is primarily a party-designed and party-driven process. This is because the arbitration laws across jurisdictions hold party autonomy as a cardinal principle of the process. The parties are allowed to form an arbitral tribunal with members of their choice, determine their fees and powers, the seat of the arbitration, and similar matters. Thus, the
PARTIES CAN DETERMINE THE FEE OF THE ARBITRAL TRIBUNAL: PARTY AUTONOMY REAFFIRMED Read More »
In commercial parlance, merger essentially means merging or amalgamation, whereby, one or more existing companies merge their identity into the other existing company, or, alternatively, forms a new entity altogether. Merger is a form of amalgamation where all the properties and liabilities of transferor company merges with the transferee company, leading to the dissolution of
SCHEMES FOR MERGER: NCLT or HC? Read More »
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