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India’s amended arbitration law – a critique

by Majmudar & Partners | Jan 28, 2016 | Disputes and Arbitration

Introduction On October 23, 2015, when the Indian Parliament was in recess, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 (the “Arbitration Ordinance”). The Arbitration Ordinance temporarily amended the Arbitration and...

Two Indian parties can now have a foreign seat of arbitration – will this hold?

by Majmudar & Partners | Nov 5, 2015 | Disputes and Arbitration

Sasan Power Limited v. North America Coal Corporation The often debated question of whether two (or more) Indian parties can opt for a foreign seat of arbitration has surfaced again.  The Madhya Pradesh High Court (the “MP HC”) has, in the case of Sasan Power Limited...

The Maggi ban – has the Indian government done enough to control the damage?

by Majmudar & Partners | Sep 30, 2015 | Disputes and Arbitration

On June 5, 2015, the Food Safety and Standards Authority of India (the “FSSAI”) issued an order against Nestle India Limited (“Nestle”) imposing restrictions  on the manufacture, sale and distribution of nine (9) variants of Nestle’s product, Maggi instant noodles...

India’s Supreme Court upholds the right to freedom of speech and expression

by Majmudar & Partners | Mar 26, 2015 | Disputes and Arbitration, Technology, Telecommunication and Media

Introduction On March 24, 2015, the Hon’ble Supreme Court of India (the “SC”) pronounced its judgment on constitutional validity of Sections 66A, 69A and 79 of the Information Technology Act, 2000 (the “IT Act”) and the Information Technology (Intermediary Guidelines)...

Proposed amendment to India’s arbitration law: will it have the desired effect?

by Majmudar & Partners | Feb 27, 2015 | Disputes and Arbitration

Introduction The Arbitration and Conciliation Act, 1996 (the “Act”), was enacted by the Parliament of India to consolidate and amend the law relating to domestic arbitration and enforcement of foreign awards. One of the main objectives of the Act was to minimise the...
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