Arbitration & ADR

Reshaping Arbitration and Contractual Dispute Resolution The Delhi High Court’s judgement in the matter of MBL Infrastructure Ltd. vs. DMRC pronounced on 23.12.203, sets a precedent in Indian arbitration law, emphasizing the court’s authority under Section 34 of the Arbitration and Conciliation Act to partially set aside an arbitral award. This judgement is crucial in […]

Understanding the Impact of Supreme Court’s Ruling on Alternate Bank Accounts in Cheque Bounce Cases The Supreme Court of India, in a pivotal decision, has clarified that having sufficient funds in alternate bank accounts cannot be used as a defence under Section 138 of the Negotiable Instruments Act (NI Act). This ruling emphasizes that the […]

The recent landmark case, Cox and Kings Ltd. v SAP India Pvt. Ltd., brought before a Constitution Bench comprising five judges of the Supreme Court, has imparted crucial perspectives on the implementation and restrictions of the doctrine (Group of Companies) within the legal framework of India. Abstract This study presents a quantitative assessment on applicability […]

The Allahabad High Court, in a recent judgement, has unequivocally confirmed that pension and post-retirement benefits are a form of property. They are thus safeguarded under Article 300(A) of the Constitution of India. This property once granted, cannot be taken away without a legitimate legal provision. The Case at Hand: Background and Observations The case […]

In a significant precedent, the Supreme Court has ruled that the unilateral modification of fees by an arbitral tribunal, albeit impermissible, shall not lead to the termination of its appointment on the basis of disqualification under Section 12 of the Arbitration and Conciliation Act 1996. FOREWORD The independence and impartiality of the arbitrator constitute an […]

Preserving Equity: Challenging The Arbitrator’s Decision Under Section 34 of A&C Act The Supreme Court has observed that on certain occasions, decisions are made with equity as a guiding principle, and such determinations should not be invalidated under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), solely on the basis of perceiving […]