Articles and Updates

Directors Cannot Be Held Vicariously Liable For Criminal Offences Of Company: Supreme Court Of India
  • Vasanth Rajasekaran and Harshvardhan Korada - 08-10-2021

The Hon'ble Supreme Court in a recent case in Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. and Ors. Etc.1, held that the chairman, directors, and other key managerial personnel of a company cannot be automatically held vicariously liable for the offences committed by a company unless specific allegations and averments against them are made with respect to their individual role. In this article, we navigate through the facts and findings of the aforesaid judgment.

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Retirement Of Sole Arbitrator Appointed By Designation Not A Valid Ground To Terminate Mandate
  • Vasanth Rajasekaran and Harshvardhan Korada - 04-10-2021

In a recent judgment in M/s Laxmi Continental Construction Co. v. State of U.P. and Anr. the Hon'ble Supreme Court of India held that the mandate of a sole arbitrator who was appointed by designation could not be terminated solely on ground of their retirement. In this case, we navigate through the facts and findings of the Hon'ble Supreme Court in the aforesaid judgment.

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Resolution Professional Not Entitled To Success Fee: NCLAT
  • Vasanth Rajasekaran and Harshvardhan Korada - 04-10-2021

The National Company Law Appellate Tribunal, Delhi (NCLAT) in its recent judgment in Jayesh N. Sanghrajka erstwhile R.P. of Ariisto Developers Pvt. Ltd. v. Monitoring Agency nominated by Committee of Creditors of Ariisto Developers Pvt. Ltd.

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Courts Can Decline Reference Under Section 11 Of Arbitration Act If Disputes Do Not Fall Within The Ambit Of Arbitration Agreement: Supreme Court Of India
  • Vasanth Rajasekaran and Harshvardhan Korada - 04-10-2021

The Hon'ble Supreme Court in its recent judgment in DLF Home Developers Ltd. v. Rajapura Homes Pvt. Ltd. & Anr.1 reiterated that the courts acting under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) are not expected to act mechanically merely to deliver a dispute at the doors of an arbitrator.

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Indian Arbitration Quarterly Roundup (July 2021 – September 2021)
  • Vasanth Rajasekaran and Harshvardhan Korada - 04-10-2021

In recent times, several noteworthy judgments have been rendered by the Indian courts in matters relating to the law of arbitration in India.

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