Author: aarnalawadmin
-
Case Update : Ebix Singapore Private Limited and Ors. v. Committee of Creditors of Educomp Solutions Limited and Ors.
Decided on 13 September 2021 | Supreme Court of India The division bench of the Hon’ble Supreme Court (“SC“) comprising of Justice D.Y. Chandrachud and Justice M.R. Shah in Ebix Singapore Private Limited and Ors. v. Committee of Creditors of Educomp Solutions Limited and Ors. 2021 SCC Online SC 707 has settled the issue…
-
The Art Law Review – India Chapter 2021
India has been synonymous with its arts in various forms. From the time of our earliest civilisation in the Indus valley, the subcontinent has been known to have artisans of extraordinary skill and creativity. Each invader brought with them local traditions and design elements that local artisans assimilated and amalgamated into elements of design that…
-
Insolvency Resolution Process Against Personal Guarantors
Shreyas Jayasimha and Tushar Tyagi The Ministry of Corporate Affairs (“MCA“) issued a notification dated 15 November 2019 (“Notification“) that give effect to provisions for conducting the insolvency resolution process against personal guarantors under the Insolvency and Bankruptcy Code, 2016 (“IBCode“) w.e.f. 01 December 2019 (“Commencement Date“).[1] [1] Notification of provisions under the Insolvency and…
-
Achieving Net Zero Emissions in the Maritime Sector
By Shreyas Jayasimha and Brendon Pereira INTRODUCTION The call to action for shipping decarbonization has been developed by various stake holders in the shipping industry with the main objective being the commitment of various members from the entire maritime and trade ecosystem including shipping, chartering, finance, ports, technology and fuel production companies to take concrete…
-
Case Update: Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd.
Civil Appeal No. 5700 of 2021 On 14 Septmeber 2021, a Bench of the Hon’ble Supreme Court of India comprising Justices Indira Banerjee, and J.K. Maheshwari decided the scope of a Court’s power to adjudicate applications for interim relief when an arbitral tribunal has been constituted during the pendency of the application. Facts Arcelor Mittal…
-
Case Update: M/s P.N. Garg, Engineers & Contractors v. Chief Engineer, Bhopal Zone, Sultania Infantry Lines Bhopal
(Application U/S 11(4) No. 92 of 2021, decided on 16-11-2021) A single Judge bench of the Hon’ble High Court of Allahabad (“the Court”) comprising of Justice Jayant Banerji, on 16 November 2021, passed orders in an Application under Section 11(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the A&C Act”) seeking…
-
UNCITRAL EXPEDITED ARBITRATION RULES, 2021
The United Nations Commission on International Trade Law (“UNCITRAL”) plays a vital role in contemporizing the Rules governing international trade. It has also laid down the Model law on International Arbitration (“Arbitration Rules”) through its texts which were first published in 1976 and thereafter revised in 2010 and 2013. Recently, the Arbitration Rules were once…
-
Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd. & Anr.
2021 SCC OnLine SC 572Decided on 10 August 2021 | Hon’ble Supreme Court of India A Division Bench of the Hon’ble Supreme Court (“the Court”) comprising of Justice R. F. Nariman and Justice B. R. Gavai held that a foreign arbitral award is enforceable against non-signatories to an arbitration agreement. Factual Background Integrated Sales Service Ltd. (“ISS”) (incorporated in…
-
Case Update:
Kay Bouvet Engineering Ltd. vs. Overseas Infrastructure AllianceDecided on 10 August 2021| Supreme Court of India The division bench of the Hon’ble Supreme Court (“the Court”) comprising of Justice RF Nariman and Justice BR Gavai in Kay Bouvet Engineering Ltd. vs. Overseas Infrastructure Alliance (India) Private Limited. [2021 SCC OnLine SC 570] allowed an appeal against the order of the NCLAT that…
-
Case Update – The Project Director, National Highways No.45 E And 220 National Highways Authority of INDIA V. M Hakeem & Anr
Factual Background The appeals in the case relate to notifications issued under the provisions of National Highways Act and awards passed under the Act. The notifications were issued from 2009 onwards and the concerned awards were made based on a ‘guideline value’ of the lands in question and not on the basis of sale deeds…