Disputes and Arbitration
February 5, 2021

UNFAIR CONTRACTS: A STATUTORY NOD TO EQUITABLE LAW?

Recently, in Ireo Grace Realtech Private Limited v. Abhishek Khanna and Ors. (C.A. 5785 of 2019), India’s Supreme Court (the “SC”) examined the binding value of oppressive and one-sided contracts, and the recourse for affected parties under Indian consumer protection laws.

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Ireo Grace Realtech, Real Estate & Property
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December 9, 2020

DELHI HIGH COURT: INDIAN PARTIES FREE TO CHOOSE FOREIGN LAW TO GOVERN ARBITRATION BETWEEN THEM

Recently, in the case of Dholi Spintex Pvt Ltd v. Louis Dreyfus Company India Pvt Ltd, the Delhi High Court (DHC) held that two Indian parties can agree to a foreign law governing the arbitration. In this case, the DHC relied on GMR Energy Limited vs. Doosan Power System India Ltd. & Ors. and Reliance…

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Disputes and Arbitration
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April 20, 2020

HOW JACK DORSEY OF TWITTER GOT INTO TROUBLE IN INDIA?

On April 7, 2020, the Rajasthan High Court (HC) quashed a complaint registered against Jack Dorsey, head of the social media networking site “Twitter” and Anna M. M. Vetticad (Anna), a journalist and film critic, for hurting the feelings and religious sentiments of Brahmins in India. This case once again raises the fine line between…

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Disputes and Arbitration
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April 8, 2020

LITIGATING IN INDIA IN THE COVID-19 ERA

Tolling of the statute of limitation As a result of the health emergency situation arising out of the COVID-19 pandemic, with effect from March 15, 2020 until further orders, India’s Supreme Court (SC), in exercise of its extraordinary powers under Article 142 of the Constitution of India, read with Article 141, has extended the period…

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Covid-19, Disputes and Arbitration
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March 31, 2020

COVID-19: CAN A FORCE MAJEURE CLAUSE SAVE THE DAY IN INDIA?

Since December 2019, the impact of the Novel Coronavirus (COVID-19) has, gradually, but incrementally, been felt in almost every country in the world. As a consequence of COVID-19, businesses have had to limit, if not completely restrict, their operations in various countries in the world, either voluntarily or under instructions from local authorities or governments. In India,…

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March 25, 2019

INDIAN GOVERNMENT PROMULGATES AADHAR ORDINANCE – ATTEMPTS TO RESOLVE PRIVACY CONCERNS

Introduction On March 26, 2016, the Indian government introduced the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (the “Act”).  The Act’s objective was, inter alia, to provide good governance, and an efficient and transparent delivery of subsidies, benefits and services to individuals residing in India by assigning a 12-digit unique…

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Disputes and Arbitration
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September 3, 2018

KEY AMENDMENTS TO THE SPECIFIC RELIEF ACT, 1963

Introduction India’s Specific Relief Act, 1963 (the “Act”) permits a party to seek specific performance of a contract as an alternative to seeking damages for breach of contract or failure to perform the contract under the Indian Contract Act, 1872. On January 28, 2016, the Indian government constituted an expert committee to examine the Act…

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Disputes and Arbitration
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July 19, 2018

AN UNSTAMPED AGREEMENT DOES NOT BAR THE CONSTITUTION OF AN ARBITRATION PANEL

In a recent judgment in the matter of Coastal Marine Construction and Engineering Limited v. Garware-Wall Ropes Limited, the Bombay High Court (the “Bombay HC”) has examined whether Indian courts can act upon an unstamped arbitration agreement to constitute an arbitration panel.  This judgment is important in the backdrop of the amendment to Section 11…

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Disputes and Arbitration
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March 7, 2017

INDIA – THE DAWN OF A NEW ERA IN REMEDIES FOR THE CONSUMER

Consumers in the real estate sector, particularly the residential real estate sector, often find themselves locking horns with builders or developers from whom they have purchased apartments in residential buildings. Grievances of consumers have commonly been for delayed possession of the housing space purchased, poor quality of construction, failure to meet assured standards, etc. Remedying these grievances has required either approaching the ordinary civil courts or alternate forums established under the Consumer Protection Act, 1986 (the “ Act”).

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Disputes and Arbitration
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September 1, 2016

DOES THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2015 APPLY TO COURT PROCEEDINGS FILED BEFORE ITS COMMENCEMENT?

Introduction  Recently, in three (3) identical matters (two (2) of which were filed by the Board of Control for Cricket in India (“BCCI”) against Rendezvous Sports World and Kochi Cricket Private Limited, respectively,) where the award-debtors sought to dismiss the applications to enforce the arbitral awards under the Arbitration and Conciliation Act, 1996 (the “Arbitration…

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Disputes and Arbitration
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January 28, 2016

INDIA’S AMENDED ARBITRATION LAW – A CRITIQUE

Introduction On October 23, 2015, when the Indian Parliament was in recess, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 (the “Arbitration Ordinance”). The Arbitration Ordinance temporarily amended the Arbitration and Conciliation Act, 1996 (the “Arbitration Act”) as regards certain key provisions.  However, upon the Parliament resuming business, the Government of…

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Disputes and Arbitration
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November 5, 2015

TWO INDIAN PARTIES CAN NOW HAVE A FOREIGN SEAT OF ARBITRATION – WILL THIS HOLD!

Sasan Power Limited v. North America Coal Corporation The often debated question of whether two (or more) Indian parties can opt for a foreign seat of arbitration has surfaced again.  The Madhya Pradesh High Court (the “MP HC”) has, in the case of Sasan Power Limited v. North American Coal Corporation (the “Sasan Case”), held…

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Disputes and Arbitration
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September 30, 2015

THE MAGGI BAN – HAS THE INDIAN GOVERNMENT DONE ENOUGH TO CONTROL THE DAMAGE?

On June 5, 2015, the Food Safety and Standards Authority of India (the “FSSAI”) issued an order against Nestle India Limited (“Nestle”) imposing restrictions  on the manufacture, sale and distribution of nine (9) variants of Nestle’s product, Maggi instant noodles with tastemaker (collectively “Maggi Noodles”). The main reasons for the ban were: the alleged presence…

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Disputes and Arbitration
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March 26, 2015

INDIA’S SUPREME COURT UPHOLDS THE RIGHT TO FREEDOM OF SPEECH AND EXPRESSION

Introduction On March 24, 2015, the Hon’ble Supreme Court of India (the “SC”) pronounced its judgment on constitutional validity of Sections 66A, 69A and 79 of the Information Technology Act, 2000 (the “IT Act”) and the Information Technology (Intermediary Guidelines) Rules, 2011 (the “Intermediary Rules”). The SC declared Section 66A of the IT Act to…

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Disputes and Arbitration, Technology, Telecommunication and Media
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February 27, 2015

PROPOSED AMENDMENT TO INDIA’S ARBITRATION LAW: WILL IT HAVE THE DESIRED EFFECT?

Introduction The Arbitration and Conciliation Act, 1996 (the “Act”), was enacted by the Parliament of India to consolidate and amend the law relating to domestic arbitration and enforcement of foreign awards. One of the main objectives of the Act was to minimise the supervisory role of courts in the arbitration process.  However, in our view,…

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Disputes and Arbitration
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