Tag: Supreme Court
The bane of pathological arbitration clauses
Clear seat and venue drafting prevents pathological arbitration clauses, avoids municipal court delays and protects party intent
Supreme Court directs CBI inquiry against DLF Home Developers
India's Supreme Court orders CBI to probe DLF and authorities over flats without independent water supply
AI to expand legal roles, says ex-minister at Law Expo Seoul
The role of legal professionals is set to expand and become more critical as Artificial Intelligence (AI) develops
Reasonable criteria for tax deductibility in Philippines
The BIR’s RMC No.81-2025 sets rules on deductible business expenses, stressing they must be ordinary, necessary, reasonable, and well-documented under Philippine tax law
Dominancy test: A more robust standard in Philippine TM law
The Supreme Court now fully applies the dominancy test to determine confusing similarity in trademarks, focusing on the mark’s most striking features rather than its overall appearance
Foreign arbitration must be independent but fair
Indian courts balance party autonomy and judicial oversight in anti-arbitration injunctions
Court clarifies IBC priority is revival
Supreme Court recalled liquidation order in Kalyani Transco v Bhushan Power & Steel, reaffirming IBC’s rescue objective
Interest on penalty follows specifics of order
Supreme Court held interest on SEBI penalties runs from adjudication order expiry
Permissive clause ‘may’ not be binding
The Supreme Court held that a clause using permissive language like “may” does not form a binding arbitration agreement under section 7
Rules establish Hyatt’s permanence in India
The Supreme Court ruled that Hyatt had a taxable permanent establishment in India through strategic and operational control
Drafting precise arbitration clauses: Lessons from SDMC v SMS Ltd
含羞草社区 Supreme Court ruling in SDMC v SMS Limited underscores that arbitration clauses must be drafted with precision to ensure enforceability
Corporate restructuring and money laundering statutes do battle
Courts weigh IBC insolvency against PMLA attachment in ongoing legal disputes
Regulation and contract get along just fine
Supreme Court upholds contractual sanctity in hydro power free supply dispute
CCI penalties now balanced, transparent and predictable
The CCI's new penalty guidelines aim to bring clarity, fairness and consistency to antitrust enforcement in India
Powering arbitration with consent
Courts are favouring arbitration where all parties agree, even non-signatories to a contract
Cross-border medical products dispute ruling
Supreme Court clarifies arbitration jurisdiction in Disortho v Meril Life, ruling that Indian law governs the arbitration agreement despite a foreign venue
Court comes to Hyderabad forest’s rescue
The Supreme Court halts Telangana’s forest clearance for IT park, citing environmental and legal violations
Raunaq Mathur bolsters Saraf’s dispute resolution practice
Raunaq Bahadur Mathur, an arbitration and commercial disputes specialist, has joined Saraf and Partners as a partner in Delhi
Homebuyers first in line in developer insolvencies
The Supreme Court ruled that insolvency proceedings under the IBC do not stay penalties under the Consumer Protection Act
Parag Chaturvedi joins Fox & Mandal as associate partner
Parag Chaturvedi joined Fox & Mandal as an associate partner to strengthen its dispute resolution practice
Providence Law buttresses insolvency bench with new head
Providence Law Asia appointed Daniel Tan as director, boosting its insolvency practice
Statutory authorities on par with private entities in arbitration matters
Supreme Court altered Madras HC order for statutory authority's bank guarantee over award depositt
Kerala launches first 24/7 online court in pilot scheme
Kerala launches its first 24/7 online court in Kollam to handle dishonoured cheque?
Hands off my property
The Supreme Court upholds the state's authority to regulate private property for public welfare while protecting property rights
Family settlement disputes may include non-signatories
In Ajay Madhusudan Patel v Jyotrindra S Patel, the Supreme Court allowed non-signatories to join arbitration under a family arrangement agreement, applying the Cox & Kings tests
Eliminating child labour is a collective responsibility
In MC Mehta v State of Tamil Nadu, the Supreme Court emphasized the importance of nurturing and educating children to become impactful members of society
Ministry raises thresholds on filing income tax appeals
The Ministry of Finance has raised the threshold for filing income tax appeals before the ITAT, High Court, and Supreme Court of India
Dynamic arbitration advancements in the Philippines
The Philippine Supreme Court reinforces CIAC's jurisdiction over construction disputes
Supreme Court sets limits on award modification
The Supreme Court has upheld the sanctity of arbitration awards by overturning changes made to an award made by a civil judge and upheld by the high court
No shortcut from pre-litigation mediation
The Supreme Court rejects the "absolute and unrestricted right" to bypass pre-litigation mediation in commercial proceedings
Supreme Court rejects automatic vacation of stay orders
The Supreme Court's five-judge bench reversed a 2018 ruling on interim orders from high courts, extending their validity under Article 142 of the Indian Constitution
Constitution upholds arbitration neutrality, party autonomy
Supreme Court invalidates arbitration clauses in Lombardi Engineering Ltd v Uttarakhand Jal Vidyut Nigam Ltd. Deposit requirement and government-appointed arbitrators ruled unconstitutional
Reasoning at the heart of decision
NCLT must provide reasoned order to reject IBC resolution plan, says Supreme Court. Committee-approved plans not to be questioned
Arbitrator autonomy still demands proper decision-making
In Batliboi v Hindustan Petroleum, the Supreme Court affirmed the arbitrator's right to interpret contract terms reasonably, barring award annulment
Liability of directors for dishonoured cheques
The Supreme Court recently reaffirmed the principles relating to the liability of a director of a company for the dishonour of a cheque issued by the company
RBI revamps defaulter guidelines in draft paper
The Reserve Bank of India (RBI) has unveiled a draft paper of proposed revisions in the guidelines for handling wilful defaulters
Split verdict on legitimate expectation
Adivision bench of the Supreme Court rendered a split verdict while deciding whether a tax exemption could be granted on the basis of the doctrine of legitimate expectation
Milanka Chaudhury reinforces Trilegal’s dispute resolution
Milanka Chaudhury joins Trilegal as partner in the dispute resolution practice in New Delhi, taking the firm’s partnership strength to 104
Law stands above commercial wisdom
The Supreme Court’s 3 May judgment, in MK Rajagopalan v Dr Periasamy Palani Gounder & Anr, shows insolvency resolution plans must be approved by a committee of creditors before being put to an adjudicating authority
No stamp, no arbitration
Supreme Court judgment on 25 April 2023 (NN Global Mercantile Pvt Ltd v Indo Unique Flame Ltd) finally settled the ongoing legal conundrum of the enforceability of an arbitration agreement in an unstamped contract
When arbitration suits the court
An April 2023 decision by a division bench of the Supreme Court of India has held that arbitration is the appropriate method of deciding whether a development agreement can be lawfully cancelled
Supreme Court allows Ezeego, Yatra to settle insolvency dispute
The Supreme Court on 2 May allowed Ezeego One Travel and Tours to withdraw its insolvency dispute against Yatra Online following a settlement where Yatra would pay Ezeego USD194,000
Kamaljeet Singh joins AP & Partners after quitting JSA
Kamaljeet Singh, who brings 12 years of experience to the team, is the newest partner in the disputes practice at AP & Partners
No arbitration for time-barred issues
The Bombay High Court, in Shriram?EPC Ltd and Anor v Gaja Trustee Co Pvt Ltd, held that it would not be right for the court to foist unwarranted arbitration on the parties when clearly on the facts the cause was a dead letter
Judging retirement
Mandatory retirement ages for judges may be depriving the system of its finest assets. What are the pros and cons?
Pre-deposit under SARFAESI is mandatory
Pre-deposit of 50% under section 18 of the Enforcement of Security Interest Act,2 (SARFAESI) is mandatory and cannot be waived in cases where the borrower challenges the action sale with respect to secured assets
Constitution bench decision will impact progress of arbitration
After delivering a pro-arbitration judgment in the case of NN Global Mercantile Pvt Ltd v M/s Indo Unique Flame Ltd and Ors, the Supreme Court referred the case to a constitution bench of the court to resolve conflicting decisions of equal standing
Debate on section 141 of NI act
The world of commercial transactions contains numerous unique intricacies, many of which are yet to be statutorily regulated
Enforcing integrity
Insolvency board makes greater use of enforcement mechanisms to ensure compliance with the bankruptcy code
Supreme Court directive on ad hoc arbitrator fee
An arbitration between the Oil and Natural Gas Corporation (ONGC) and Afcons Gunanusa commenced in 2015, but a disagreement arose over the fee to arbitrators and who should decide the issue
‘Final and binding’ not needed to validate arbitration clause
The Supreme Court recently held that an arbitration clause has to be given effect, whether or not expressly stated that an arbitrator’s decision is final and binding
References not enough to compel arbitration
Where there is merely a possibility of the parties agreeing to arbitration in the future, in contrast to an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement
Top court steps in to settle jurisdiction disputes
The tug of war over jurisdiction has surfaced many times in arbitration proceedings, necessitating the Supreme Court to step in repeatedly to settle disputes
When in doubt, arbitrate
Delhi High Court?has ruled that courts must lean towards referring matters to arbitration when one party seeks to negate an arbitration agreement by citing other provisions of a contract that require detailed interpretation
Solving the problem of interest and insolvency
As the IBC clearly differentiates between financial debt and operational debt obligations, the question becomes whether interest can be included in both these types of debt for the admission of a company into insolvency under the IBC
Perverted priorities
The government and its relationship with the privacy of citizens has always been disproportional
Power of attorney and property ownership
The Supreme Court in a recent ruling has held that when an agent under a power of attorney is in possession of an immovable property, the possession is that of the principal owner
Standards of proof for money laundering offences
The Supreme Court, in a recent matter, held that in case of offences under the Prevention of Money Laundering Act, 2002 (PMLA), courts cannot proceed merely on the basis of the principle of “preponderance of probabilities”
Argus hires Bhavya Mohan as disputes partner in Bengaluru
Argus Partners named Bhavya Mohan as a partner in the dispute resolution practice from June at the firm’s Bengaluru office
Departing IT staff getting tied up with non-compete clauses
With many IT employees offered huge salary hikes and perks from competing firms amid soaring global demand for IT services
Maintaining momentum
Massive infrastructure development and liberalisation of overseas investment have boosted the Philippines’ competitiveness, but the pandemic has changed everything. What will a newly elected government mean for business-related legal reform?
Watching the watchers
New roles of intermediaries place them under the microscope of capital market regulation
Price of protection
Countries around the world are strengthening their data protection regimes given the rise in data breaches and the growing need to regulate how businesses use and process sensitive data
Court acts on reassessments
Supreme Court Justices MR Shah and BV Nagarathna passed a slew of directions for reassessment notices
Court not obliged to remit matters to arbitral tribunals
In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award
Arbitral awards bound by contract
The Indian Supreme Court has set aside an arbitral tribunal’s award for acting beyond the confines of a contract executed between parties
Regulating crypto assets
The past decade has seen extraordinary growth in technological innovation
Kolkata’s Fox & Mandal allies with BlackRobe Chambers
Kolkata-based firm Fox & Mandal has expanded its footprint to New Delhi in a collaboration with BlackRobe Chambers – a full-service firm headed by Kunal Vajani
Mohini V enters Remfry’s equity partnership
IP disputes specialist Mohini V has joined Remfry & Sagar as an equity partner
Pre-deposit mandatory under Customs Act
A bench comprising Justices KM Joseph and Hrishikesh Roy, in the case of Chander Sekhar Jha v Union of India and Anr, dismissed an appeal assailing the order of the Calcutta High Court regarding a gold smuggling charge
CCI’s hands tied in debt trustee dispute
含羞草社区 antitrust probe into the alleged collusion over fees charged by debt trustees of the State Bank of India, Axis Bank and IDBI Bank took a back seat following an intervention by the Bombay High Court after the banks challenged the jurisdiction of the Competition Commission of India (CCI) in April this year
No escape
Among many things, the ongoing Russia-Ukraine war has put the spotlight on cryptocurrency. It is gaining global acceptance based on the sheer volume of donations flooding into war-torn Ukraine in the form of cryptocurrency, largely to finance military support. The virtual digital asset class is no longer seen as a shady “black-market” transaction owing to reliance upon it in this geopolitical and humanitarian crisis
Overstepping the mark
The requirement to submit a test licence in the drugs and cosmetics rules goes beyond the ambit of the Parent Act, and is a hindrance to R&D for pharma companies, writes Syngene International's Shreekanth Katti








































































































































