Articles and Updates

Arbitration Agreement Contained In An Unstamped Document Must Be Impounded: Supreme Court Clarifies The Law
  • Vasanth Rajasekaran and Srijata Majumdar - 10-01-2020

The Supreme Court by a significant judgment on 10 April 2019, clarified that the power of the court to impound an unstamped document containing an arbitration clause, at the stage of appointment of an arbitrator, remains unchanged with the introduction of Section 11 (6A) of the Arbitration and Conciliation Act ("Act").

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10 Landmark Judgments On Arbitration By Supreme Court Of India In The Year 2019
  • Vasanth Rajasekaran and Saurabh Babulkar - 07-01-2020

The landmark judgments of the year 2019 as ruled by the Supreme Court in the Arbitration matters.

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NCLT Admits The First Insolvency Petition Against A Financial Service Provider
  • Sawant Singh, Neha Naik, and Madhavi Doshi - 03-01-2020

While the FSP Rules are an ad hoc solution, their notification is welcome as it represents a step in the right direction. These are currently not applicable to all FSPs and are restricted only to "Non-Banking Financing Companies" and "Housing Finance Companies" with asset size of 500 crores or more. All in all, the initiation of the CIRP of DHFL has set the ball rolling for notified FSPs to be liable to undergo a full-fledged CIRP process.

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Supreme Court Declares That Courts Cannot Interfere In Power Tariffs Determined By Expert Bodies
  • Vasanth Rajasekaran and Saurabh Babulkar - 03-01-2020

Once an expert body has determined specific tariffs for power, it is not open to courts to interfere ordinarily in such matters, where the determination by such expert body does not suffer from any illegality or infirmity. This position was recently set out by the Supreme Court in Transmission Corporation of Andhra Pradesh Ltd. v. M/s Rain Calcining Ltd. & Ors.1

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Kompetenz Kompetenz Principle Reiterated By Supreme Court Of India : Issue Of Limitation Is Not To Be Examined At The Section 11 Stage
  • Vasanth Rajasekaran and Saurabh Babulkar - 18-12-2019

The arbitral tribunal competence and appointment of an arbitrator as observed by the Hon'ble Supreme Court when examining section 11 of the #Arbitration and Conciliation Act. The Hon'ble Court reiterated the Kompetenz - Kompetenz principle in the recent judgment of Uttarakhand Purv Sainik Kalyan Nigam Ltd. v. Northern Coal Field Ltd.

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