Wolters Kluwer India’s Post

The Supreme Court, in a recent case, set aside part of an arbitral award concerning the idling of manpower and machinery, attributed to delays in completing the work beyond the stipulated period. The award was passed without any evidence and solely relying upon Hudson's formula. The court deemed it in conflict with the public policy of India as contemplated under Section 34(2)(b) of the Arbitration and Conciliation Act, 1996. To know more about the case, read the article titled “𝗔𝗻 𝗮𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗮𝘄𝗮𝗿𝗱 𝗴𝗿𝗮𝗻𝘁𝗶𝗻𝗴 𝗱𝗮𝗺𝗮𝗴𝗲𝘀 𝘄𝗶𝘁𝗵𝗼𝘂𝘁 𝗮𝗻𝘆 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗶𝘀 𝗶𝗻 𝗰𝗼𝗻𝗳𝗹𝗶𝗰𝘁 𝘄𝗶𝘁𝗵 𝘁𝗵𝗲 “𝗣𝘂𝗯𝗹𝗶𝗰 𝗣𝗼𝗹𝗶𝗰𝘆 𝗼𝗳 𝗜𝗻𝗱𝗶𝗮” authored by our Partner, Chaitanyaa Bhandarkar. https://lnkd.in/g8HkiHuB #postoftheday #trending #legalupdates #legalinsights #supremecourt #arbitralaward #arbitration

We are all set and excited to host the Kluwer Law International (KLI) Meet 2024 tomorrow!    Wolters Kluwer India is thrilled to welcome our distinguished speakers and esteemed attendees for an evening of insightful discussions and networking.    Stay tuned for the highlights of this event and join us in celebrating the latest trends and best practices in the legal industry. Ruchi Tushir Gaurav Pachnanda SA Ajit Kumar Mishra Tejas Karia, FCIArb Neha Guha   #KluwerLawInternational #WoltersKluwerIndia #LegalIndustry #Arbitration #CompetitionLaw #IntellectualProperty #NetworkingEvent

Greetings from the Centre for Corporate Law, NLUO (CCL). We are thrilled to announce a new publication on the CCL Blog! The article titled “From “Unenforceable” to “Curable Defect”: Unpacking the Nexus Between Unstamped Contracts and Arbitration Agreements'' deciphers the Supreme Court’s recent judgment on unstamped contracts and arbitration clauses. The article highlights that unstamped agreements with arbitration clauses are no longer void, emphasizing the separability of clauses and the power of Arbitration Tribunals to handle stamping issues for swifter dispute resolution. Authored by Praseem Patel, a third-year law student at the NALSAR University of Law, Hyderabad, this article traces the case history around unstamped agreements to underline how the Stamp Act establishes non-stamping of an arbitration agreement as a curable defect. The author further tries to score a distinction between unenforceability and inadmissibility of unstamped arbitration agreement where the latter can effectively be 'cured' via the discretion of the Tribunal. This is a must-read for those seeking clarity on India's evolving arbitration landscape. Share your feedback and suggestions with us at ccl@nluo.ac.in. #ArbitrationLaw #CorporateLawUpdates #SupremeCourtRuling #LegalInsights #CCLBlog #NLUO #NALSAR #UnstampedContracts #EmpoweringTribunals #IndianArbitration

Honourable Supreme Court of India has held that Arbitration is an alternative dispute resolution mechanism which provides a neutral, efficient, and expert process for dispute resolution at a single forum whose decision is final and binding on the parties. An arbitration proceeding is broadly divided into two stages : The first stage commences with an arbitration agreement and ends with the making of an arbitral award. The second stage pertains to the enforcement of the arbitral award. An arbitration agreement records the consent of the parties to submit their disputes to arbitration and has four essential elements of an arbitration agreement: 1.   There must be a present or a future difference in connection with some contemplated affair 2.   The parties must intend to settle such difference by a private tribunal 3.   The parties must agree in writing to be bound by the decision of such tribunal. 4.   The parties must be ad idem. Abhijit Mishra Law Insider IN #supremecourt #highcourt #law #legal #lawyer #arbitration #internationalarbitration #litigation #india

Arbitration Agreements contained in unstamped / inadequately stamped agreements held Enforceable : 7 Judges Bench of Supreme Court overrules NN Global Mercantile II and SMS Tea Estates A historic and the fastest ever curative verdict which boosts the Arbitration Ecosystem of India by not only upholding the legislative intent of the Arbitration Act but also the salutary doctrines of party autonomy, separability and kompetenz – kompetenz whilst simultaneously balancing the interests of the exchequer. A progressive unanimous as well as a candid concurring judgment, which puts to rest a retrograde controversies. Privileged to have got an opportunity to appear before the 7 Judges Bench in the matter and to have assisted the Hon’ble Court with Written Submissions Bar & Bench - https://lnkd.in/dD85bmzw Hindustan Times - https://t.co/TczKsF2J4s Fox & Mandal #127YearsofFoxandMandal #FoxandMandal #foxandmandal Gratified for the tremendous support of - Debanjan Mandal Kunal Mimani Anshuman Gupta Shubhang Tandon Guneet Sidhu Abhinav Jain ICC Arbitration #ICCArbitration #ICCCourt #ICCCourtat100 #legaljourney #inspiration #legalleadership #celebration #20yearsatbar #law #lawyers #legal #lawfirms #clientservice #disputeresolution #arbitration #internationalarbitration #mediation #internationallaw #asia #india #singaporelaw #uk #uklaw #london #middleeast #dubai #abudhabi #sustainability #legalinnovation #professionaldevelopment #leadinglawyer #super50 #awards #recognition #toplawyer

Saraf and Partners is delighted to share with you the latest edition of Firm's Competition Law Newsletter, titled ‘Critical Competition’ (May 2024). This edition offers a comprehensive update on the recent developments in the field of Competition Law in India. We invite all our valued readers to peruse this newsletter and gain valuable insights into the current state of the law. We hope you find this edition informative and enlightening. #competitionlaw #criticalcompetition #competitionnewsletter #CCI #antitrust #competitioncomissionofindia #sarafandpartners #fullservicelawfirm #fastestgrowinglawfirm #innovativelawfirm #chambersandpartners #legal500 #iflr1000 #asialaw #bwlegalworld #asianlegalbusiness #investindia #alb #indianlaw #toplawfirm #IBLJ #indianlawfirm #bestindianlawfirm #indianlawyer #bestindianlawyer #lawfirmoftheyear Competition Commission Of India

✨ Dive into the world of arbitration with The Handbook on Domestic Arbitration in India⚖️ Price: Print - Rs.945.00 | Net - Rs.760.00 Click here to order: https://lnkd.in/dy6JbDGf Author: Aman Vijay Dutt Year: 2024 Master the complexities of Indian arbitration law with this comprehensive guide. From understanding the Arbitration and Conciliation Act to navigating arbitration proceedings, this book is your go-to resource. Packed with practical tips, case studies, and the latest updates, it's a must-have for legal professionals and businesses. 💼 #Arbitration #Law #LegalGuide #India #DomesticArbitration #BookRecommendation #LegalProfessionals #Business #DisputeResolution #Handbook #NewBook #Bookstagram #MustRead #LegalKnowledge

📢 Save the date for Third IBA India Litigation and ADR Symposium 2024: From fringe to focal: India at the centre of international dispute resolution, Taj Mahal, New Delhi, India on 8 Nov - 9 Nov 2024: https://lnkd.in/eFUGRMVx Please register your interest to receive further information about this symposium. We will contact you as soon as registration is open. ✔ Topics include: - Effectiveness of the Indian justice system - India's institutional arbitration odyssey: a vision for the future of dispute resolution - International mediation masterclass: mock mediation - The importance of written advocacy in international dispute resolution: mastering the art of drafting pleadings and witness statements - The art of cross-examination – war stories, how to cross-examine honest and dishonest witnesses - The great arbitration v litigation debate: this house believes that arbitration is now the most effective commercial dispute resolution mechanism #litigation #lawyer #asiapacific #legal #india #IBAevents

Have you ever wondered about the the process of #arbitration in #India? 🤔 Let's unravel the significance of the 'State of Claim.' 1. What is the 'State of Claim'? It's a meticulous document that lays out the claimant's case, diving into the nitty-gritty of facts, legal arguments, and supporting evidence. 2. Why does it matter? Acting as a roadmap, it ensures both the claimant and the arbitral tribunal have a crystal-clear understanding of the dispute. Think of it as the groundwork – setting the stage for what follows in the arbitration proceedings. 3. Why should legal practitioners pay attention? The State of Claim shapes the entire arbitration journey, giving a comprehensive voice to the claimant's stance. It's the cornerstone of a transparent process, ensuring fairness in the resolution of disputes. Mastering the nuances of the State of Claim is imperative, especially in India's evolving arbitration landscape. As legal practitioners, let's elevate our understanding of this crucial element, contributing to a more efficient and just dispute resolution system. #arbitration #legalinsights #indianlaw #contract #attorney #disputeresolution #law #legal #enforcement #contractdrafting

Literal or liberal interpretation in extending arbitration https://lnkd.in/gjFpPH5j In 2015, section 29A was added to the Arbitration and Conciliation Act, 1996, to provide that the arbitral tribunal must make an award within 12 months of the close of pleadings. This period may be extended by six months with the consent of the parties. In this video, partner Sudeshna Guha Roy of Bharucha & Partners explores differing perspectives on the application of Section 29A of India's Arbitration Act concerning the granting of time extensions.    📲 Sign up for the latest updates in the legal industry: https://lnkd.in/gAeb7ahS    #iblj #india #arbitration #investment #debt #legalcompliance #legaladvice #inhousecounsel #business #legalprofession #lawfirms #lawyers #legal #law #lawdotasia