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Evidence and Witness Preparation in Arbitration
The arbitral process bears a striking resemblance to domestic civil proceedings, and yet it is also fundamentally different in many crucial respects. The taking of testimony from a variety of witnesses is perceived to be one of the key aspects of arbitral practice; witness testimony is often advanced as the most persuasive form of proof … Continue reading Evidence and Witness Preparation in Arbitration
Read more »Evolution of Alternate Dispute Resolution: Indian Perspective
Introduction We live in a society made up of individuals. People with different views, different opinions, different cultures, different languages, and a variety of other differences. As a result, when all of these disparities are combined, it is ubiquitous for disputes to arise. After the independence of India and with the abolition of the Privy … Continue reading Evolution of Alternate Dispute Resolution: Indian Perspective
Read more »A Peephole Towards Fallacies In Dispute Resolution Mechanism In Taxation Disputes – A Cry For Arbitration
Introduction India was ranked 63rd out of 190 nations in the World Bank’s Report on the Ease of Doing Business (EODB), 2020. On three of the 11 indicators used to determine a country’s overall ranking in the EODB report, it still has a score below 100. These are paying taxes, registering real estate, and enforcing … Continue reading A Peephole Towards Fallacies In Dispute Resolution Mechanism In Taxation Disputes – A Cry For Arbitration
Read more »Lawyer’s Strikes in India: A Balanced Approach through Arbitration
Introduction “On the slightest pretense strikes and/or boycott calls are resorted to. The judicial system is being held to ransom. Administration of law and justice is threatened. The rule of law is undermined,” stated a three-judge bench of the Supreme Court in Ex-Capt. Harish Uppal vs Union Of India (2002).[i] The Court ultimately held that … Continue reading Lawyer’s Strikes in India: A Balanced Approach through Arbitration
Read more »Understanding Arbitrability Of Trademarks
INTRODUCTION In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited[1][2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Understanding Arbitrability Of Trademarks
Read more »Golden Tobie Ltd. V. Golden Tobacco Ltd
In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited [2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Golden Tobie Ltd. V. Golden Tobacco Ltd
Read more »The True Final Word on Compound Interest in Arbitral Awards?
The Arbitration and Conciliation Act, 1996 allows arbitral tribunals to award interest on the money payable under an award, running from the date on which to the cause of action arose, to the date on which the award was made. The Act also empowers tribunals to award post-award interest, which accrues until the award has … Continue reading The True Final Word on Compound Interest in Arbitral Awards?
Read more »Insolvency and Bankruptcy Code 2016 | Arbitral Proceedings- The Contrast
In the year 2016, Insolvency and Bankruptcy Code was introduced to consolidate all the laws associated with the Insolvency resolution of the corporate personalities with aim to realise the maximum value of assets for such corporate persons in a time-bound manner and to promote entrepreneurship, available of credit and to protect the interest of the … Continue reading Insolvency and Bankruptcy Code 2016 | Arbitral Proceedings- The Contrast
Read more »Sports Dispute Resolution In India
INTRODUCTION Sports has always been a vital part of the Indian culture. With time, commercial sports are becoming one of the largest industries globally. After sports industrialise, there is a requirement of legislation to govern the sports and similar activities in an industrial aspect. Previously, only thing that mattered was the sportsmanship but now since … Continue reading Sports Dispute Resolution In India
Read more »TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited
(Supreme Court of India) Civil Appeal No 3045 of 2020 The appeal stemmed from a ruling given on June 24, 2020 by the National Company Law Appellate Tribunal (“NCLAT”). The NCLAT affirmed an interim order issued by the National Company Law Tribunal (“NCLT” or “Adjudicating Authority”) on December 18, 2019, preventing the appellant from terminating … Continue reading TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited
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