26 October 2015
Punjab & Haryana High Court has held that it is open to parties to refer the issue of blacklisting to arbitration. The Court in this regard noted that there is no rule of law that prohibits parties from referring an issue relating to blacklisting to arbitration, and there is no bar to such reference of all other disputes arising under the arbi...
19 March, 2015
The agreement stipulated that the contract is to be governed and construed according to the English law in the arbitration clause. No other clause stating the applicable law was included in the agreement. Although there was no express exclusion of Indian laws or the Arbitration and Conciliation Act, 1996, there was ample indication of this through various phrases like ‘arbitrat...
21 April, 2014
Supreme Court of India has on 7-4-2014 held that in the absence of an arbitration clause (or intention for same) in an agreement, as defined in sub-section (4) of Section 7 of the Arbitration and Conciliation Act, 1996, the dispute between Power Transmission Corporation Limited v. Deepak Cables (India) Ltd. cannot be referred to the arbitral tribunal for adjudication. The court...
18 March, 2014
The Delhi High Court has held that separate application under Section 8 of the Arbitration and Conciliation Act, 1996 is not necessary. Rejecting the contention that a matter is not required to be referred to arbitration in case neither party files an application for reference of dispute to an arbitrator under said Section 8, the court held that there is no requirement of a req...
SEBI has recently replaced its Consent Scheme with a more transparent one. Article in this issue of "Corporate Amicus" discusses the salient features of this new scheme. Ministry of Corporate Affairs has also introduced new guidelines for declaration of financial institutions as Public Financial Institutions, while also clarifying on auditing of cost accounting records. "Ratio decidendi" portio...
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