Articles for Clause

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC
9 hours, 7 minutes ago

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC

Live Law  

The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar has held that award passed by an ineligible arbitrator is liable to be set aside under section 34 of the Arbitration Act. Observations: The court after referring to section 34 of the Arbitration Act observed that “an application for setting aside of award passed by an Arbitral …

Arbitration Court Company Agreement Respondent Set Srinagar
Mint Explainer: Why Switzerland withdrew MFN status in its tax treaty with India
1 week ago

Mint Explainer: Why Switzerland withdrew MFN status in its tax treaty with India

Live Mint  

Switzerland has suspended the Most-Favoured-Nation clause in its Double Taxation Avoidance Agreement with India, significantly altering the tax treatment of cross-border dividends. Switzerland has attributed this change to a 2023 Indian Supreme Court ruling in a case involving Nestle SA and others, which clarified that MFN clause benefits require explicit notification by the Indian government under the Income Tax Act, …

India Foreign Policy Tax Court Indian Pti Supreme
Arbitration Can't Be 'Optional' When Agreement Provides Arbitration Clause : Supreme Court
1 week ago

Arbitration Can't Be 'Optional' When Agreement Provides Arbitration Clause : Supreme Court

Live Law  

The Supreme Court held that there cannot be an 'optional' arbitration, where parties are required to mutually agree to invoke the arbitration clause.Setting aside the MP High Court's decision, the Court said that there is nothing like 'optional arbitration' that could be invoked after both parties mutually agree to invoke the arbitration clause. The Supreme Court held that there cannot …

Supreme Court Arbitration Court Mutual Consent Parties Clause Arbitrator
Your rights in life and health insurance claims: Unpacking the moratorium clause
1 week ago

Your rights in life and health insurance claims: Unpacking the moratorium clause

Live Mint  

The fatal shooting of Brian Thompson, who was chief executive of UnitedHealth Group Inc.’s insurance arm, has turned the spotlight on insurance companies rejecting policyholders’ claims for various reasons. However, as per the moratorium clause for health insurance policies as defined by the Insurance Regulatory and Development Authority of India, if a policyholder has paid five or more annual premiums, …

Health Policy Insurance Fraud Life Health Insurance Period
Specific Exclusion Clause In Agreement Renders Dispute Non-Arbitrable: Punjab & Haryana High Court
1 week, 2 days ago

Specific Exclusion Clause In Agreement Renders Dispute Non-Arbitrable: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that when there is a specific exclusion clause in the agreement, the matter shall not be referred to Arbitration. It was submitted by the applicant that the court under section 11 cannot check whether the matter is non arbitrable or not as per Supreme Court judgment in …

Court State Specific Exclusion Clause
Why has Switzerland suspended 'Most-Favoured Nation' status to India?
Top News
1 week, 2 days ago

Why has Switzerland suspended 'Most-Favoured Nation' status to India?

Firstpost  

Switzerland has announced it will suspend the Most-Favoured Nation status granted to India under the double tax agreement treaty, effective January 1, 2025. The move is set to have far-reaching impact on Indian companies operating in Switzerland and Swiss investments in India The Most-Favoured Nation status is a term commonly used in international trade agreements to ensure that a country …

India Supreme Court Tax Court Indian Status Supreme
Switzerland India trade tax MFN: What does Switzerland’s halt of most favoured nation for India mean? EXPLAINED
1 week, 2 days ago

Switzerland India trade tax MFN: What does Switzerland’s halt of most favoured nation for India mean? EXPLAINED

Live Mint  

Following an adverse Supreme Court ruling against Nestle, Switzerland revoked the Most Favoured Nation status granted to India. Switzerland said in a statement that the MFN clause in the protocol to the agreement between the Swiss Confederation and the Republic of India to prevent double taxation about income taxes would no longer be applied. India's DTAA with Switzerland may require …

India Taxation Tax Indian Nation Switzerland Double
Switzerland Revokes MFN Status In Tax Treaty With India Following Nestle Verdict
Top News
1 week, 2 days ago

Switzerland Revokes MFN Status In Tax Treaty With India Following Nestle Verdict

ABP News  

Switzerland has taken unilateral action following the Supreme Court of India's ruling in the Nestle case, revoking India's "Most Favoured Nation" status under the Double Taxation Avoidance Agreement. The court ruled that the MFN clause between two countries does not automatically apply when a nation joins the Organisation for Economic Co-operation and Development, mainly when India already had a tax …

India Tax Switzerland Treaty Oecd Mfn Mfn Status
Switzerland suspends ‘most favoured nation’ status to India, cites SC's Nestle case ruling
1 week, 2 days ago

Switzerland suspends ‘most favoured nation’ status to India, cites SC's Nestle case ruling

Hindustan Times  

Dividends of Indian entities will be taxed at 10% in Switzerland from January 1 as the European nation has suspended the most favoured nation clause in its Double Taxation Avoidance Agreement with India. REUTERS/Denis Balibouse In a December 11 statement, the Swiss finance department said the move follows a ruling by Supreme Court of India last year that the MFN …

India Tax Colombia Lithuania European Switzerland Swiss
Switzerland cancels 'most favoured nation' status to India over Nestle ruling
Top News
1 week, 2 days ago

Switzerland cancels 'most favoured nation' status to India over Nestle ruling

India Today  

The Swiss government has suspended the most favoured nation status clause in the Double Taxation Avoidance Agreement between India and Switzerland, potentially impacting Swiss investments in India and leading to higher taxes on Indian companies operating in the European nation. According to a December 11 statement by the Swiss finance department, the move follows the Supreme Court of India last …

India Tax Indian Cent Switzerland Swiss 10 Per Cent
Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
1 week, 3 days ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

Arbitration Jurisdiction Dispute Court Civil Application Suit
Switzerland withdraws tax MFN status on Indian companies over SC ruling on Nestle
1 week, 3 days ago

Switzerland withdraws tax MFN status on Indian companies over SC ruling on Nestle

New Indian Express  

NEW DELHI: In a retaliatory action, the government of Switzerland has withdrawn the application of the Most Favoured Nation clause on Indian entities operating in the European country. The Swiss authorities took the action after the Supreme Court of India rejected automatic applicability of MFN clause under the bilateral tax treaty between the two countries in a case related to …

Tax Indian Indian Companies Switzerland Swiss Nestle Clause
Switzerland suspends 'Most Favoured Nation' status to India over Nestle verdict
Top News
1 week, 3 days ago

Switzerland suspends 'Most Favoured Nation' status to India over Nestle verdict

India TV News  

The government of Switzerland has suspended the most favoured nation status clause in the Double Taxation Avoidance Agreement between India and Switzerland, potentially impacting Swiss investments in India and leading to higher taxes on Indian companies operating in the European nation. According to a statement made on December 11 by the Swiss finance department, the move follows the Supreme Court …

India Indian Status Cent Swiss 10 Per Cent Nestle
Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC
1 week, 5 days ago

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court bench of Justices Shri Sanjay K. Agrawal and Shri Radhakishan Agrawal has held that court having supervisory jurisdiction over seat designated in the Arbitration Agreement would have exclusive jurisdiction to entertain all applications arising out of the arbitration proceedings. Brief Facts The present appeal has been filed under section 37 of the Arbitration Act against an …

Arbitration Jurisdiction Court Chennai Application Agreement Seat
Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
1 week, 5 days ago

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. They also submitted that Clause 22 of the NIB cannot …

Arbitration Dispute Court Parties Applicant Agreement Respondent
KERC removes sanctioned load clause for installing solar panels
1 week, 5 days ago

KERC removes sanctioned load clause for installing solar panels

New Indian Express  

BENGALURU: The Karnataka Electricity Regulatory Commission has issued orders to ease the process of applying and installing solar rooftop panels for domestic and commercial purposes. The order stated that the Commission has enabled the submission of online applications for installing and implementing solar rooftop photovoltaic systems for a sanctioned load of up to and inclusive of 10 kW. The order …

Order Commission Capacity Solar Panels Load Sanctioned Srtpv
Why Chandrababu Naidu flipped the two-child poll clause
1 week, 6 days ago

Why Chandrababu Naidu flipped the two-child poll clause

India Today  

The Andhra Pradesh government has repealed a 30-year-old rule that had made the two-child norm mandatory for those seeking election to local bodies such as the gram panchayats, mandal praja parishads and zilla parishads. On both fronts, therefore, all southern states are deeply worried at the prospect that their success in stabilising population growth could actually end up being “penalised” …

India Children Women Population States State Naidu
Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court
2 weeks ago

Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court

Live Law  

The Patna High Court bench of Chief Justice K Vinod Chandran has held that once the person empowered to nominate an arbitrator under an arbitration clause becomes ineligible to nominate the arbitrator, the matter shall not referred to the Arbitration. On the other hand it is the case of the respondent that the Patna High Court in State of Bihar …

Arbitration Court Agreement Held Act Observed Clause
Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC
2 weeks ago

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order …

Arbitration Court Dispute Resolution Parties Order Recall Present
Interpretation Of Contractual Stipulations Must Be Done To Give Full Effect To Arbitration Agreement: Rajasthan High Court
2 weeks, 1 day ago

Interpretation Of Contractual Stipulations Must Be Done To Give Full Effect To Arbitration Agreement: Rajasthan High Court

Live Law  

The Rajasthan High Court Bench of Justice Sudesh Bansal has held that it is a well-established principle of law if there is any contractual stipulation between the parties which under-mines the scope of the arbitration clause. Since, it is not indicated in the arbitration clause that decision of Arbitrator shall be final and binding upon the parties which is one …

Arbitration Dispute Court Parties Order Agreement Clause
Approval Of Resolution Plan By CoC Cannot Be Interfered With Unless Section 30(2) Of Code Is Breached: NCLAT
2 weeks, 2 days ago

Approval Of Resolution Plan By CoC Cannot Be Interfered With Unless Section 30(2) Of Code Is Breached: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Barun Mitra has held that approval of Resolution Plan by the Committee Of Creditors cannot be interfered with unless it is violative of section 30 of the Code. It further argued that SRA has not implemented the Resolution Plan and matter is pending consideration before the Adjudicating Authority therefore this …

Corporate Resolution Resolution Plan Tribunal Plan Code Authority
Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 weeks ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

Arbitration Court Parties Agreement Respondent
SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court
3 weeks ago

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Advait M Sethna has affirmed that SARFAESI proceedings are in the nature of enforcement proceedings, while arbitration is in the context of an adjudicatory proceedings. A careful perusal of the record makes it clear that there is an arbitral clause contained in loan agreement dated 13 September 2018 which states that all claims …

High Court Arbitration Bombay High Court Loan Applicant Agreement Respondent
Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court
3 weeks ago

Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that where exclusive jurisdiction has been conferred on a court with respect to matters relating to arbitration, the same shall be construed to be a clear 'contrary indicia' and that the court, upon which exclusive jurisdiction has been conferred, would be the juridical seat of arbitration. So, it is …

Delhi Arbitration Jurisdiction Court Courts Seat Exclusive