Disputes and Arbitration
September 3, 2018

INDIA – DISPUTES UPDATE

Introduction India’s Specific Relief Act, 1963 (the “Act”) permits a party to seek specific performance of a contract as an...

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July 19, 2018

AN UNSTAMPED AGREEMENT DOES NOT BAR THE CONSTITUTION OF AN ARBITRATION PANEL

In a recent judgment in the matter of Coastal Marine Construction and Engineering Limited v. Garware-Wall Ropes Limited, the Bombay...

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March 7, 2017

INDIA – THE DAWN OF A NEW ERA IN REMEDIES FOR THE CONSUMER

Consumers in the real estate sector, particularly the residential real estate sector, often find themselves locking horns with builders or developers from whom they have purchased apartments in residential buildings. Grievances of consumers have commonly been for delayed possession of the housing space purchased, poor quality of construction, failure to meet assured standards, etc. Remedying these grievances has required either approaching the ordinary civil courts or alternate forums established under the Consumer Protection Act, 1986 (the “ Act”).

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September 1, 2016

DOES THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2015 APPLY TO COURT PROCEEDINGS FILED BEFORE ITS COMMENCEMENT?

Introduction  Recently, in three (3) identical matters (two (2) of which were filed by the Board of Control for Cricket...

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Disputes and Arbitration
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January 28, 2016

INDIA’S AMENDED ARBITRATION LAW – A CRITIQUE

Introduction On October 23, 2015, when the Indian Parliament was in recess, the President of India promulgated the Arbitration and...

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November 5, 2015

TWO INDIAN PARTIES CAN NOW HAVE FOR A FOREIGN SEAT OF ARBITRATION-WILL THIS HOLD!

Sasan Power Limited v. North America Coal Corporation The often debated question of whether two (or more) Indian parties can...

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Disputes and Arbitration
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September 30, 2015

THE MAGGI BAN – HAS THE INDIAN GOVERNMENT DONE ENOUGH TO CONTROL THE DAMAGE?

On June 5, 2015, the Food Safety and Standards Authority of India (the “FSSAI”) issued an order against Nestle India...

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March 26, 2015

INDIA’S SUPREME COURT UPHOLDS THE RIGHT TO FREEDOM OF SPEECH AND EXPRESSION

Introduction On March 24, 2015, the Hon’ble Supreme Court of India (the “SC”) pronounced its judgment on constitutional validity of...

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Disputes and Arbitration, Technology, Telecommunication and Media
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February 27, 2015

PROPOSED AMENDMENTS TO INDIA’S ARBITRATION LAW: WILL IT HAVE THE DESIRED EFFECT?

Introduction The Arbitration and Conciliation Act, 1996 (the “Act”), was enacted by the Parliament of India to consolidate and amend...

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