Articles for Commercial Disputes

Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries
1 month, 1 week ago

Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries

Live Law  

In India, the question of whether writ petitions can challenge arbitration decisions—especially dismissals of Section 34 petitions by Commercial Courts—is a sensitive balance between constitutional authority and arbitration's intended autonomy. In the matter of M/S Deep Industries Limited v. Oil and Natural Gas Corporation Limited, AIR Online 2019 SC 1958, the Supreme Court held that High Courts should only exercise …

India Delhi Jurisdiction Constitution High Courts Exceptional Circumstances Commercial
15- Hours Advanced Commercial Mediation Training Program Organized By NALSA In Collaboration With International Academy Of Mediators
2 months ago

15- Hours Advanced Commercial Mediation Training Program Organized By NALSA In Collaboration With International Academy Of Mediators

Live Law  

The National Legal Services Authority, in collaboration with the International Academy of Mediators, successfully organized a 15- hours Advanced Commercial Mediation Training Program from 14th to 16th October 2024 at the Supreme Court of India. Justice Sanjiv Khanna, Judge, Supreme Court of India and Executive Chairman, NALSA in his address at the Inaugural Program highlighted the importance of mediation in …

India International Supreme Court Commercial Iam Program Member
Arbitration Cases Half Yearly Digest: January To June 2024
5 months, 2 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

India Justice Delhi Supreme Court High Court Arbitration Court
[Commercial Courts Act] Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court
6 months, 1 week ago

[Commercial Courts Act] Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court

Live Law  

The Allahabad High Court, while considering the case of a hotel, has held that a dispute related to an immovable property that is used exclusively for the purpose of trade or commerce would fall under the ambit of a 'Commercial Dispute' under Section 2 of the Commercial Courts Act, 2015. “Agreements relating to immovable property used exclusively in trade or …

Trade Dispute Property Court Commerce Commercial Disputes
Supreme Court Monthly Digest April 2024
6 months, 3 weeks ago

Supreme Court Monthly Digest April 2024

Live Law  

Citations 2024 LiveLaw 269 to 2024 LiveLaw 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Shivani Tyagi v. State of U.P., 2024 LiveLaw 333 Section 439 and National Investigation Agency Act, 2008; Section 21 – Jurisdiction of High Court to entertain Bail application – The jurisdiction …

India Climate Change Karnataka Supreme Court High Court Constitution Judges
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
7 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

Climate Change Supreme Court High Court Judges Court Maharashtra Haryana
Arbitration Monthly Round-Up -March 2024
8 months, 3 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

India Delhi High Court Arbitration Railways Court International Standards
Arbitration Weekly Round Up: 26th February to 3rd March 2024
9 months, 2 weeks ago

Arbitration Weekly Round Up: 26th February to 3rd March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, …

Delhi Russia High Court Arbitration Court Commercial Division Tribunal
Arbitration Monthly Round Up: February 2024
9 months, 2 weeks ago

Arbitration Monthly Round Up: February 2024

Live Law  

Supreme Court Case Title: M/s Arif Azim Co. Ltd. Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court Case Title: The Braithwaite Burn and Jessop Construction Co Ltd vs Northern Railway The Delhi High Court bench comprising Justice Sachin Datta allowed an application made under Section 14 of the …

India Justice Delhi High Court Arbitration High Courts Court
Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court
1 year, 2 months ago

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court

Live Law  

The Kerala High Court on Tuesday condoned a delay of 25 days in filing an appeal under the Commercial Courts Act, 2015, on the ground that such delay had not resulted in any loss on the part of the opposite party. The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas though took note of the intent of …

Court Commercial Case Delay 2023 Act Respondents
ICA: International Conference On “Arbitrating Indo-UK Commercial Disputes – 2nd Edition” [5th June 2023]
1 year, 6 months ago

ICA: International Conference On “Arbitrating Indo-UK Commercial Disputes – 2nd Edition” [5th June 2023]

Live Law  

Indian Council of Arbitration is deemed as the apex arbitral institution in the Country created to promote and administer arbitration in commercial disputes, with a view to encourage smooth and seamless domestic and international business. In this regard, ICA with the support of Federation of Indian Chambers of Commerce & Industry the apex chambers of Commerce & Industry of India …

India Conference Ica Commercial Disputes
Nivaaran -Mediators Of Supreme Court Of India: 20th Lecture On "View From Halfway Up The Mediation Mountain" [7th April]
1 year, 8 months ago

Nivaaran -Mediators Of Supreme Court Of India: 20th Lecture On "View From Halfway Up The Mediation Mountain" [7th April]

Live Law  

Andrew discussion will include the following: An overview of the Mediation World both during the covid pandemic and post-pandemic. Good practice and some tips for mediation advocates and mediators About the Speaker: Andrew Miller KC is a barrister with over 30 years of experience of dealing with and resolving commercial disputes both domestically and internationally. Andrew has mediated disputes with …

India Commercial Disputes Mediator Commercial Disputes Mediation Andrew
Can SC Issue Directions On Administrative Side To High Courts ? Supreme Court Agrees To Consider 'Larger Issue' Raised By Attorney General
2 years, 5 months ago

Can SC Issue Directions On Administrative Side To High Courts ? Supreme Court Agrees To Consider 'Larger Issue' Raised By Attorney General

Live Law  

Can Supreme Court issue directions on administrative side to the High Courts?The Supreme Court said it will examine this 'larger issue' raised by the Attorney General KK Venugopal.Earlier, the Apex Court had issued certain directions to 'tackle the problem with respect to delay in deciding the matters related to commercial disputes in the State of Uttar Pradesh. Can Supreme Court …

Supreme Court High Courts Issue This Court Sup Directions Commercial Disputes
Additional Commercial Courts Will Be Functional Within Six Months, Efforts Underway To Make Infrastructure Available: Delhi High Court Told
2 years, 5 months ago

Additional Commercial Courts Will Be Functional Within Six Months, Efforts Underway To Make Infrastructure Available: Delhi High Court Told

Live Law  

The Delhi High Court has been told by its administrative side that additional commercial courts will be functional within six months in the national capital and that efforts were being made to ensure that requisite infrastructure is made available for the same.Taking the statement on record, a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad. …

Delhi Delhi High Court High Six Months Commercial Courts Commercial Disputes Commercial Court
International Conference Cum Roadshow: "Arbitrating Indo-UK Commercial Disputes" [July 5, 2022]
2 years, 5 months ago

International Conference Cum Roadshow: "Arbitrating Indo-UK Commercial Disputes" [July 5, 2022]

Live Law  

Indian Council of Arbitration with the support of the Federation of Indian Chambers of Commerce & Industry is organizing the International Conference cum Roadshow "ARBITRATING INDO-UK COMMERCIAL DISPUTES" on July 5, 2022, in London, United Kingdom. The Council was created in 1965 to promote and administer the use Alternate Dispute Resolution Mechanism in commercial disputes, thereby expediting dispute resolution with …

India Dispute Council Conference Ica International Business Commercial Disputes
High Pendency Of Arbitration & Commercial Cases : Supreme Court Asks Allahabad HC CJ To Devise Roadmap To Tackle Arrears
2 years, 7 months ago

High Pendency Of Arbitration & Commercial Cases : Supreme Court Asks Allahabad HC CJ To Devise Roadmap To Tackle Arrears

Live Law  

Being apprised of the burgeoning pendency in the execution proceedings of arbitral awards and applications to set aside award under Section 34 of the Arbitration and Conciliation Act, 1996, in the State of Uttar Pradesh, the Supreme Court, on Thursday, requested the Chief Justice of Allahabad High Court to constitute a committee of Judges to device a roadmap to tackle …

High Court Arbitration Court Petitions Commercial Courts State
On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court
2 years, 8 months ago

On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court

Live Law  

The High Court of Orissa has observed that the Court for the purpose of deciding all the applications arising out of the arbitration agreement between the parties would be the Commercial Court as defined under the Commercial Courts Act which need not necessarily be the Principal Civil Court as provided under the Arbitration Act. As a corollary, the definition of …

Arbitration Jurisdiction Court Civil Commercial Courts Judge
Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court
2 years, 10 months ago

Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently ruled that the Commercial Courts dealing with transferred cases from civil courts have the power to prescribe a new timeline for submission of written statement. Justice C. Praveen Kumar and Justice Ravi Nath Tilhari ruled as follows: "1) where the suit or application has been transferred to the Commercial Court under Section 15 of …

Court Commercial Power Courts Order Statement Cpc
Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains
3 years, 3 months ago

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains

Live Law  

The Calcutta High Court last week while adjudicating upon a commercial suit expounded in detail whether a 'statement of truth' in a written statement is a mandatory requirement under the Commercial Courts Act, 2015 and whether its absence warrants the disposal of the defence in the suit. Justice Moushumi Bhattacharya observed while opining on the changes brought in by the …

Court Commercial Courts Truth Order Statement Schedule
The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice
4 years, 3 months ago

The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice

Live Law  

Mediation, as a means of resolution of disputes, has been growing significantly over the past few decades. In April 2005, the first court-annexed mediation Centre was set up at Madras High Court in Chennai followed by Samadhan in Delhi High Court, established in 2006. At Delhi High Court Mediation and Conciliation Centre, Samadhan, out of the 28669 cases referred for …

India Justice Delhi Supreme Court High Courts Court Mediation
Importance Of Case Management And Practice Directions Before Commercial Courts
4 years, 3 months ago

Importance Of Case Management And Practice Directions Before Commercial Courts

Live Law  

Case Management is a judicial process which provides effective, efficient and purposeful judicial management of a case so as to achieve a timely and qualitative resolution of a dispute. Case Management hearing was inserted under Order XV-A to the schedule of the Commercial Courts Act, 2015, hereinafter referred to as the Act. The objectives of the case management hearing under …

India Management Case Management Case Hearing Early Practice
[Column] Writs Before Commercial Divisions In High Courts, A Conundrum, Writes Justice Abdul Quddhose
4 years, 5 months ago

[Column] Writs Before Commercial Divisions In High Courts, A Conundrum, Writes Justice Abdul Quddhose

Live Law  

The object of the Commercial Courts Act, 2015 is to improve India's image as an attractive investment destination. Section 17 of the Commercial Courts Act has added to the confusion with regard to the applicability of Writs before the Commercial divisions of the High Courts. Section 17 of the Act requires collection and disclosure of data by Commercial Courts, Commercial …

India High Court Dispute High Courts Court Commercial Division Commercial