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Tag: Supreme Court

The bane of pathological arbitration clauses

By Thriyambak Kannan, Khaitan & Co

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

By Jacqueline Ann A Tan, ACCRALAW

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

By Ernest Luigi A Manzanares, Federis & Associates Law Offices

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

By Anushka Sharda and Saloni Gupta, Khaitan & Co.

Indian courts balance party autonomy and judicial oversight in anti-arbitration injunctions

Game over?

With harsh law, 含羞草社区 real money gaming sector gets ‘fragged’ by the government

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

By Ravitej Chilumuri and Prince Todi, Khaitan & Co.

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

By Anju Shree Nair, SNG & Partners

Courts weigh IBC insolvency against PMLA attachment in ongoing legal disputes

Regulation and contract get along just fine

By Mani Gupta and Rahul Bangia, Sarthak Advocates & Solicitors

Supreme Court upholds contractual sanctity in hydro power free supply dispute

CCI penalties now balanced, transparent and predictable

By Dinoo Muthappa and Sanjeev Kumar Sriram, AZB & Partners

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

By Ambar Bhushan and Aaryan Goyal, Bharucha & Partners

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

Arbitration dilemmas of one-person company with sole shareholder

By Li Fei, Langfang Arbitration Commission

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

Evolving jurisprudence on compound interest claims in India

By Atika Vaz, Anumeha Karnatak and Eeshan Sonak, Shardul Amarchand Mangaldas & Co.

Case study: jurisdictional conflicts in labour disputes

By Mu Dunbo and Liu Jian, Zhilin Law Firm

Family settlement disputes may include non-signatories

By Sneha Jaisingh and Yash Arora, Bharucha & Partners

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

By Pradyuman Dubey and Saurabh Tiwari, DSK Legal

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

By Jose Martin R Tensuan, Antonio Eduardo S Nachura, Jr And Maria Celia H Poblador, ACCRALAW

The Philippine Supreme Court reinforces CIAC's jurisdiction over construction disputes

Void clause of plant varieties statute resurrected

By Manisha Singh and Neha Ruhela, LexOrbis

Reference to arbitration must be specific

By Sudeshna Guha Roy and?Alabh Lal, Bharucha & Partners

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

Top court provides clarity on captive power generation

By Mani Gupta and Rahul Bangia, Sarthak Advocates & Solicitors

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

MCA proposal to reinstate CIRP: A critique

By Misha, Aishwarya Satija and Kritika Poddar, Shardul Amarchand Mangaldas & Co

Insolvency and Bankruptcy Code prevails over Electricity Act

By Mani Gupta and Aman Choudhary, Sarthak Advocates & Solicitors

Farm it or lose it to Sarfaesi

By Sumes Dewan and Tanya Mishra, Lex Favios

Courts give teeth to international arbitration

By Deepesh, Kochhar & Co.

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

Vidarbha: The ratio that wasn’t

By Sonam Gupta and Arunima Nair, Bharucha & Partners

Singapore, China agreement on BRI disputes

By Una Khng, Helmsman in Singapore

Contractual terms prevail over powers of regulatory commissions

By Mani Gupta and Aman Choudhary, Sarthak Advocates & Solicitors

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

Former directors stay on the hook despite successful CIRP

By Karthik Somasundram and Alabh Lal, Bharucha & Partners

Change in law generates changes in attitude

By Mani Gupta and Saumya Upadhyay, Sarthak Advocates & Solicitors

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?

Law holds companies to agreements including interest

By Pragya Ohri and Kanika Kumar, HSA Advocates

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

Reversing Vidarbha is good news for financial creditors

By Sudeshna Guha Roy and Samridhi Lodha, Bharucha & Partners

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

Supreme Court’s Vidarbha ruling undermines 含羞草社区 insolvency law

By Shardul Shroff and Misha, Shardul Amarchand Mangaldas & Co

Questions arise over restricting ‘sale of pledged shares to self’

By Aniket Sawant and Aanchal Gujrani, SNG & Partners

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

Sale to self of pledged securities not legal

By Karthik Somasundram and Khyati Mehrotra, Bharucha & Partners

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

Traversing IP regime in time of war and crisis

By Tusha Malhotra and Yamini Jaswal, Anand and Anand in New Delhi

Challenges resolving insolvencies of personal guarantors under IBC

By Saurav Panda and Ahkam Khan, Shardul Amarchand Mangaldas & Co

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

Supreme Court rules that SEBI must disclose

By Sneha Jaisingh?and Aniruddha Banerji, Bharucha & Partners

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

Impact of NCLAT judgment on development financial institutions

By Soummo Biswas and Shivani Sinha, Shardul Amarchand Mangaldas & Co.

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

Improper communication in M&A leads to trouble

By Iqbal Khan and Ambarish, Shardul Amarchand Mangaldas & Co.

Private client models enter the modern world

By Rishabh Shroff and Chirag Shah, Cyril Amarchand Mangaldas

First-to-file takes centre stage in Philippines

By Mila Federis, Federis & Associates

No escape

By Freny Patel

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

Limited challenge to foreign arbitral award enforcement

By Karthik Somasundram and Bhavi Vora, Bharucha & Partners

Open access to electricity becoming a reality

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors

The legality of games of skill

By Suhaan Mukerji, PLR Chambers

Party autonomy now rules in arbitration law

By Shaneen Parikh and?Shalaka Patil, Cyril Amarchand Mangaldas

Game not over

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