Wolters Kluwer India’s Post

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

We are all set and excited to host the Kluwer Law International (KLI) Meet 2024 today! 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

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

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

𝐈𝐬 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞 𝐟𝐨𝐫 𝐑𝐞𝐬𝐨𝐥𝐯𝐢𝐧𝐠 𝐈𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐏𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐃𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚? In today's fast-paced business environment, efficient dispute resolution is crucial. For intellectual property (IP) disputes in India, arbitration is gaining traction as a viable option. 💫 𝐖𝐡𝐲 𝐢𝐬 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐛𝐞𝐜𝐨𝐦𝐢𝐧𝐠 𝐩𝐨𝐩𝐮𝐥𝐚𝐫 𝐟𝐨𝐫 𝐈𝐏 𝐝𝐢𝐬𝐩𝐮𝐭𝐞𝐬? While Indian laws view IP as a right in rem, the Arbitration and Conciliation Act, of 1996, does not clearly define arbitrable matters, leading to some ambiguity. Recent judicial interpretations, such as the four-part test from the Vidya Drolia case, focus on whether the dispute involves rights in personam or in rem, with the former being more likely arbitrable. 💫 𝐇𝐨𝐰 𝐝𝐨 𝐜𝐨𝐮𝐫𝐭𝐬 𝐝𝐞𝐭𝐞𝐫𝐦𝐢𝐧𝐞 𝐭𝐡𝐞 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐨𝐟 𝐈𝐏 𝐝𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚? Despite recent developments, the arbitrability of IP disputes in India remains nuanced. Courts assess each case's specifics to determine suitability for arbitration. Recent rulings by the Delhi High Court have upheld the arbitrability of IP disputes in certain scenarios, highlighting the evolving legal landscape. 💫 𝐖𝐡𝐚𝐭 𝐝𝐨𝐞𝐬 𝐭𝐡𝐢𝐬 𝐦𝐞𝐚𝐧 𝐟𝐨𝐫 𝐛𝐮𝐬𝐢𝐧𝐞𝐬𝐬𝐞𝐬? As businesses navigate IP protection and enforcement complexities, arbitration's role in dispute resolution is poised to grow. Its flexibility and efficiency can provide a swifter, more cost-effective means of resolving IP disputes. What are your thoughts on using arbitration for resolving IP disputes in India? Have you encountered arbitration in this context, and if so, what was your experience? #Arbitration #IntellectualProperty #IPDisputes #DisputeResolution #LegalInnovation #BusinessLaw #IPLaw #ArbitrationInIndia #BusinessGrowth #IPRights #Law #Lawyer

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

Dear Linkedin Connections Greetings of the Day ! Vigilantibus non dormientibus jura subveniunt—the law assists those who are vigilant and not those who sleep on their rights. In the Case of M/s. Arif Azim Co. Ltd. Vs. M/s. Aptech Ltd. [2024] 3 S.C.R. 73 : 2024 INSC 155 Supreme Court of India has delivered a pivotal judgment addressing a significant legislative gap in the Arbitration and Conciliation Act, 1996. The Court highlighted the absence of a defined limitation period for filing applications under Section 11(6) and recommended urgent legislative amendments to establish a specific timeframe. By proposing a fixed deadline, this judgment aims to enhance the efficiency and predictability of arbitration, aligning India's framework with international standards and bolstering its appeal as a viable, efficient alternative to traditional litigation. Notably, the Court clarified that arbitration proceedings commence on the date the notice of arbitration under Section 21 is received. This critical interpretation ensures that the limitation period begins from a definitive action—the receipt of the arbitration notice—preventing indefinite delays and potential abuses of the arbitration process. This landmark judgment is set to influence the future of commercial dispute resolution in India, pushing for more streamlined and expedient arbitration practices. #Arbitration #SupremeCourt #Legislation #CommercialDisputeResolution #LegalReform #EfficiencyInArbitration #IndianLaw #LimitationPeriod #ArbitrationAct #LegalUpdate #DisputeResolution

🌟 Exciting News: The Launch of the Arbitration Association of India! 🌟 I am thrilled to share a groundbreaking innovation that promises to revolutionize dispute resolution in India – the Arbitration Association of India. 🚀 About the Association: In today’s dynamic business environment, the need for timely and effective dispute resolution is more critical than ever. The Arbitration Association of India aims to provide a robust platform for arbitration, ensuring disputes are resolved swiftly, fairly, and efficiently. 💡 Key Benefits: 1. Speed & Efficiency: Arbitration offers a faster, more streamlined process compared to traditional litigation. 2. Expert Arbitrators: The association brings together seasoned professionals with expertise across various industries to deliver fair judgments. 3. Confidentiality: Arbitration proceedings are private, ensuring business confidentiality is maintained. 4. Cost-Effective: By reducing lengthy court procedures, arbitration helps lower the overall costs associated with dispute resolution. 🌐 Vision: The Arbitration Association of India envisions a future where businesses can operate with confidence, knowing that any disputes will be handled with utmost professionalism and efficiency. This initiative aims to foster a business-friendly environment that promotes growth and innovation. 👥 Get Involved: Legal experts, industry leaders, and forward-thinking businesses are encouraged to join this transformative initiative. Together, we can create a more predictable and reliable legal landscape in India. 🔗 Learn More: Connect with the Arbitration Association of India to discover membership opportunities, upcoming events, and ways to contribute to shaping the future of arbitration in India. Let’s support this initiative and transform the landscape of dispute resolution in India! 💼✨ #ArbitrationIndia #Innovation #DisputeResolution #BusinessGrowth #LegalInnovation #JoinTheChange

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

Saraf and Partners is delighted to share with you the latest edition of our Competition Law Newsletter, titled ‘Critical Competition’ (July 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 #antitrustlaw #competitioncomissionofindia #sarafandpartners #junenewsletter #fullservicelawfirm #fastestgrowinglawfirm #innovativelawfirm #chambersandpartners #legal500 #iflr1000 #asialaw #bwlegalworld #asianlegalbusiness #investindia #alb #indianlaw #toplawfirm #IBLJ #indianlawfirm #bestindianlawfirm #indianlawyer #bestindianlawyer #lawfirmoftheyear Competition Commission Of India