Articles for Dispute Resolution

Former DSK Legal Partner Mohit Bakshi Joins White & Brief As Head Of Litigation And Dispute Resolution (North India Region)
1 week, 4 days ago

Former DSK Legal Partner Mohit Bakshi Joins White & Brief As Head Of Litigation And Dispute Resolution (North India Region)

Live Law  

White & Brief Advocates & Solicitors, India's fast-growing law firm, welcomed Mohit Bakshi, former Partner at DSK Legal, as Head of Litigation and Dispute Resolution for the North India Region. A Vision for Regional Growth Mohit's addition to the Delhi office is a key part of White & Brief's strategy to expand its geographic footprint while delivering top-tier legal solutions …

Law India Delhi Legal Dispute Dispute Resolution Resolution
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
Cyril Amarchand Mangaldas - GNLU ADR Magazine Article Writing Competition 2025
2 weeks, 4 days ago

Cyril Amarchand Mangaldas - GNLU ADR Magazine Article Writing Competition 2025

Live Law  

Cyril Amarchand Mangaldas is a leading law firm in India with a global reputation of being a trusted adviser to its clients. Themes The submissions for the Competition may revolve around the following broad themes: Counterclaims in Investment Arbitration: Challenges and Implications Transforming India into a Global Arbitration Hub: Opportunities and Challenges The Concept of Patent Illegality and its Alignment …

India Dispute Dispute Resolution Competition Registration Articles Volume
Arbitration Monthly Digest: November, 2024
3 weeks ago

Arbitration Monthly Digest: November, 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

India Justice High Court Arbitration Constitution Court Public Policy
A Legal Intro To Redevelopment In Mumbai
3 weeks ago

A Legal Intro To Redevelopment In Mumbai

Live Law  

Mumbai, India's financial capital and most populous city, faces a monumental challenge in accommodating its ever-growing population within its limited geographical area. Several key provisions of the DCPR 2034 directly relate to redevelopment projects: Regulation 33 pertains to the redevelopment of cessed buildings under the jurisdiction of the Mumbai Housing and Area Development Authority. Utilization of Incentive FSI under DCR …

Development Land Use Legal Dispute Resolution Local Authorities Maharashtra Slum Dwellers
Arbitration Weekly Round-Up [25th November To 1st December, 2024]
3 weeks ago

Arbitration Weekly Round-Up [25th November To 1st December, 2024]

Live Law  

Supreme Court S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court Case Title: M/S AJAY PROTECH PVT. 34078 of 2023 The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against …

Justice High Court Arbitration Court Title Patent Illegality 2024
The resolution of disputes over public procurement: Let’s strengthen reforms
3 weeks, 5 days ago

The resolution of disputes over public procurement: Let’s strengthen reforms

Live Mint  

Public procurement disputes are a drag on India’s economic growth, often leading to stalled infrastructure projects, cost overruns and diminished public trust, but 2024 has had two signals of a decisive shift in resolving such disputes. The Supreme Court’s judgement in Central Organisation for Railway Electrification vs ECI SPIC SMO MCML and the finance ministry’s guidelines on public procurement dispute …

India Arbitration Dispute Dispute Resolution Mediation Resolution Disputes
Call For Papers: DNLU Student Law Journal's "1st Justice SL Kochar Symposium 2025"
3 weeks, 6 days ago

Call For Papers: DNLU Student Law Journal's "1st Justice SL Kochar Symposium 2025"

Live Law  

DNLU SLJ is organising the "1st SLJ JUSTICE SL KOCHAR SYMPOSIUM 2025” in collaboration with Luthra and Luthra Law Offices India. Dharmashastra National Law University– Student Law Journal is a peer-reviewed, student-run academic journal with the mission of disseminating high-calibre research on law and legal studies from all angles, including comparative, global, and transdisciplinary views. Through this competition, the Student …

Law Legal Dispute Dispute Resolution Student Journal Firm
S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court
4 weeks ago

S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court

Live Law  

Extending the time for an arbitral tribunal to pass its award, the Supreme Court recently observed that extension can be allowed even after the expiry of the statutory period and the phrase "sufficient cause" under Section 29A of the Arbitration and Conciliation Act should take color from the underlying purpose of the arbitration process."The. Extending the time for an arbitral …

Supreme Court Dispute Court Resolution Statutory Tribunal Period
Petition U/S 11 Of Arbitration Act Is Maintainable If Statutory Remedy Before Invoking Arbitration Clause Is Exhausted: J&K And Ladakh HC
1 month ago

Petition U/S 11 Of Arbitration Act Is Maintainable If Statutory Remedy Before Invoking Arbitration Clause Is Exhausted: J&K And Ladakh HC

Live Law  

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that once the statutory remedy under contract is exhausted, arbitration clause can be invoked and appointment of the arbitrator can be sought under section 11 of the Arbitration Act.In this case, the respondent had to constitute Dispute resolution Board within 30 days after execution …

Contract Dispute Court Work Period Petition This Court
Unless Appointment Of Arbitrator Under Arbitration Clause Is Ex-Facie Valid, Jurisdiction Of Court U/S 11(6) Cannot Be Barred: Rajasthan HC
1 month ago

Unless Appointment Of Arbitrator Under Arbitration Clause Is Ex-Facie Valid, Jurisdiction Of Court U/S 11(6) Cannot Be Barred: Rajasthan HC

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that unless the appointment of the arbitrator is ex facie valid and such appointment satisfies the Court exercising jurisdiction under Section 11 of the Arbitration Act, acceptance of such appointment as a fait accompli to debar the jurisdiction under Section 11 cannot be countenanced in law. Contentions The applicant/petitioner submitted …

Arbitration Constitution Dispute Court Tribunal Committee Five Members
High Court Holds that Applicant Must Dispute Contents of Plaint in Arbitration Case
1 month, 2 weeks ago

High Court Holds that Applicant Must Dispute Contents of Plaint in Arbitration Case

Live Law  

The article discusses the impact of the Arbitration and Conciliation (Amendment) Act, 2015 on arbitration matters in India. The Act, which came into force in 2015, aimed to reduce judicial interference and ensure the timely resolution of Arbitration matters. However, there was uncertainty regarding its applicability to Arbitral Proceedings commenced before the Amendment Act came into force. Section 26 of …

Law Arbitration Dispute Resolution Arbitral Proceedings Allahabad
Can Association File Plea Before Administrative Tribunal On Behalf Of Members?
1 month, 2 weeks ago

Can Association File Plea Before Administrative Tribunal On Behalf Of Members?

Live Law  

The Kerala High Court has ruled that associations can file original applications before the State Administrative Tribunal on behalf of their members. This means that the association can represent the grievances of its members and address them directly to the Tribunal, even if the association itself is not a party to the dispute. The court also clarified that an association …

Government Law Dispute Resolution Associations
Employee Can Join New Employer After Previous Employer Rejects Offer
1 month, 2 weeks ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

Law Dispute Resolution Resignation Employment Law Delhi
Employee Can Join New Employer After Previous Employer Releases Him
1 month, 2 weeks ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

Law Dispute Resolution Resignation Employment Law Delhi
Income Tax Notice for Past Dues Extinguished in NCLT Kolkata Case
1 month, 3 weeks ago

Income Tax Notice for Past Dues Extinguished in NCLT Kolkata Case

Live Law  

The National Company Law Tribunal Kolkata bench has ruled that income tax notices, demand notices, and payments for past dues that accrued prior to the date of approval of the resolution plan stand extinguished. The Tribunal observed that the successful resolution applicant takes over the corporate debtor on a fresh slate principal and assets, and any past dues or claims, …

Law Finance Dispute Resolution Corporate Law Kolkata
High Court Rejects Plea to Dismiss Cheque Bounce Complaint
1 month, 3 weeks ago

High Court Rejects Plea to Dismiss Cheque Bounce Complaint

Live Law  

The Karnataka High Court has ruled that a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, even if a civil suit for recovery of the money is instituted. The court relied on the Apex court judgment in the case of D.PURUSHOTAMA REDDY v. K.SATEESH, (2008) 8 SCC 505, which held that two …

Law Crime Civil Law Dispute Resolution
Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals
1 month, 3 weeks ago

Institutionalizing Arbitration: The Crucial Role of Domain Experts in India's Appellate Tribunals

Live Mint  

Legal experts emphasize the importance of the right talent to yield successful results in arbitration tribunals. The introduction of appellate tribunals dedicated to arbitration would require the inclusion of domain experts to ensure technical accuracy and adherence to specialized sector rules. This would help retain cases within the country and establish India as a global arbitration hub.

Law Arbitration Dispute Resolution International Arbitration New Delhi
Financial Debt Can Be Proven From Other Relevant Documents, NCLAT New Delhi
1 month, 4 weeks ago

Financial Debt Can Be Proven From Other Relevant Documents, NCLAT New Delhi

Live Law  

The NCLAT New Delhi Bench of Justices Ashok Bhushan and Barun Mitra held that a written financial contract is not a pre-condition or an exclusive requirement for proving existence of debt. It has been further amplified that the Application to Adjudicating Authority Rules, 2016 and CIRP Regulations makes it clear that financial debt can be proven from other relevant documents …

Law Finance Dispute Resolution Corporate Law New Delhi
Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
2 months ago

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est

Live Law  

The Delhi High Court has held that any proceedings before an improperly constituted arbitral tribunal are non-est. This means that any disputes arising from an improperly constituted arbitral tribunal are not subject to arbitration. The court also held that whether a particular claim is precluded from arbitration on account of being an excepted matter should be decided by a duly …

Law Arbitration Jurisdiction Dispute Resolution Delhi
Delhi High Court Grants Interim Measure to Protect Property From Being Wasted in Arbitration Case
2 months ago

Delhi High Court Grants Interim Measure to Protect Property From Being Wasted in Arbitration Case

Live Law  

The Delhi High Court has ruled that the court is not obligated to consider the merits or otherwise of the facts as stated by the litigants when exercising jurisdiction under Section 37 of the Arbitration Act. The court granted an interim measure to protect the property from being wasted or disposed of.

Law Arbitration Dispute Resolution Property Rights Delhi
NOC Not a Bar to Subsequent Security Documents: NCLT Mumbai
2 months ago

NOC Not a Bar to Subsequent Security Documents: NCLT Mumbai

Live Law  

The NCLT Mumbai Bench has dismissed an application filed by Bank of Baroda against Mr. Ajit Kumar and Ors. The court held that non-obtaining of NOC from the Applicant does not ipso facto invalidate the security documents executed in favour of Respondents. The tribunal observed that charges over the property were created at different times for the applicant in 2012 …

Law Legal Dispute Resolution Corporate Law Mumbai
Limited Scope of Examination under Section 11 of the Arbitration Act: Bombay High Court
2 months, 1 week ago

Limited Scope of Examination under Section 11 of the Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court has held that the scope of examination under section 11 (6A) of the Arbitration and Conciliation Act should be confined to the existence of an arbitration agreement on the basis of Section 7. The court observed that the referral court has limited jurisdiction to see whether an arbitration agreement exists or not. Once it is satisfied …

Law Arbitration Dispute Resolution Arbitral Proceedings Mumbai
NCLAT Rejects Counter Claim by Corporate Debtor: No Threshold Limit Violation
2 months, 1 week ago

NCLAT Rejects Counter Claim by Corporate Debtor: No Threshold Limit Violation

Live Law  

The NCLAT held that unilateral entries made by the corporate debtor to make a counter claim cannot be considered. The tribunal noted that the claims of the appellants were acknowledged in the balance sheet of the corporate debtor including for the financial year 2021-2022 therefore they were within limitation. The tribunal further observed that counter claim of the corporate debtor …

Law Finance Dispute Resolution Corporate Law New Delhi