Overseas Arbitration Opens for India
Supreme Court de-clutters the Implications of Two Indian Parties choosing a Foreign Law and a Foreign Seated Arbitration Mechanism. IntroductionIn what can be seen as a big push to party autonomy in Arbitration agreements, a three-Judge Bench of the Supreme Court of India, speaking through Justice R.F. Nariman in PASL Wind Solutions vs. GE Power […]
Non-Compliance of Section 65B – Effects and Ramifications
One of the most controvertible issues in the area of admissibility of evidence is the compliance of the mandate under Section 65B(4) relating to the production of electronic evidence as secondary evidence. The said provision stipulates that electronic evidence must be accompanied with a certificate in the format specified therein. The provision has been the […]
Model Tenancy Act, 2021 gets Approved by The Cabinet – Key Features
The Union Cabinet chaired by Prime Minister Narendra Modi approved the Model Tenancy Act (MTA) on June 02, 2021, a move that is likely to refurbish the legal framework concerning rental housing across the country. Under MTA, both the States as well as the Union Territories can adopt the law either by enacting fresh legislation […]
Filing of Certified Copy of Decree not Mandatory in an Execution Application
IntroductionThe tool of interpretation has once again come to the aid of the litigants from being smothered by the chains of the procedural law, when the highest court of law in the country held in the case of Sir Sobha Singh & Sons Pvt. Ltd. v. Shashi Mohan Kapur (deceased) through L.R. 1 , that […]
Fate of MSME’s in the New Normal
The year 2020 saw unprecedented disruptions to lives and livelihood all across the world and India was no exception. India’s economy shrank 7.5 percent in the three months that ended in September 2020 compared with a year earlier. This firmly ensconced India’s position among the world’s worst- performing major economies, despite expansive government spending designed […]
Evolution of Arbitration
Rapid globalization of the economy, modernization and improvement of socio-economic circumstances has led to an increase in commercial disputes. In many parts of India, there is visible increase in cases for already overburdened courts. In such a scenario there was a need for a mechanism for Alternative Dispute Resolution (ADR). The essence of ADR was […]
Emergency Arbitration in India – Need for a Statutory Legislation
Emergency Arbitration is the mechanism for granting urgent pro tem or interim reliefs or measures to a party that cannot wait for the formation of an Arbitral Tribunal. The proceedings of this type of arbitration are conducted by an Emergency Arbitrator either with the consensus of the parties or according the agreement executed between the […]
Pre Packaged Insolvency Resolution Process: Section 29A(c) and (h)Exemption for Resolution Applicant or MSME Debtor?
The insolvency regime of India since its inception has enabled and opened gates for companies facing stress by providing choices of resolution or liquidation to help them meet ends in an organized manner. This regime has entered into its second era with a new addition in its arsenal – Pre Packaged Insolvency Resolution Process. On […]
Decoding Extended Producer Responsibility (EPR)
Packaging is ubiquitous in our daily lives and enables minimization of food waste and overall product breakage with advanced convenience features at low costs. However, widespread usage of single-use packaging containers has resulted in a heavy burden on the environment, and the management of packaging waste is facing a crisis due to lack of imposition […]
Deciphering the Scope of Moratorium under Section 14 of the Insolvency & Bankruptcy Code, 2016
The Supreme Court with a view to address the ambiguity lingering within Section 14 of the Insolvency & Bankruptcy Code, 2016 (“S.14 of IBC, 2016”), which deals with the imposition of Moratorium on the Corporate Debtor, provided a clarificatory analysis in terms of its applicability in respect of the Corporate Debtor and the management of […]