Category: News
-
Case Update: Bank of Baroda. vs. MBL Infrastructure
Decided on 18 January 2022| Supreme Court of India In Bank of Baroda & Anr. v. MBL Infrastructures Ltd. & Ors., the Supreme Court (“Court”) interpreted Section 29A of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The Court clarified whether a guarantor whose guarantee is invoked by a creditor is ineligible to submit a resolution…
-
Case Update: Messer Griesheim Gmbh v. Goyal MG Gases Private Limited
Decided on 28 January 2022| High Court of Delhi Background This case considered the question as to whether the High Court of Delhi in exercise of its original jurisdiction is a competent Court to entertain a petition for executing a money decree(in excess of Rs. 20 lakhs) of a foreign Court which is notified as…
-
Case Update M/s Pathanjali Ayurved Ltd. & Anr. vs Arudra Engineers Pvt. Ltd.
Decided on 02 February 2021 | Madras High Court A Division Bench of the Hon’ble Madras High Court (“HC“) comprising Justice R. Subbiah and Justice C. Saravanan D, in M/s Pathanjali Ayurved Ltd. & Anr. vs Arudra Engineers Private Ltd. (2021) 2 MLJ 180, dealt with the trademark ability of dissimilar marks under Section 29(4)…
-
‘India and Bilateral Investment Treaties’: A summary of the recommendations in the 10th Report of the Committee on External Affairs, Ministry of External Affairs
Members of the Aarna Law team have had the privilege of representing the Republic of India for the past 6 years in two significant investment treaty arbitrations brought against her by investors under the India-UK Agreement for the Promotion and Protection of Investments. This is a summary of the Recommendations (14 Nos.) put forth by…
-
Case Update: Future v. Amazon
An overview of recent legal developmentsAs discussed in our previous Updates on the Amazon-Future group dispute, the Hon’ble Supreme Court of India (“Supreme Court”) upheld the Judgement dated 18 March 2021 of the Single Bench of the Delhi High Court in favour of Amazon.com NV Investment Holdings LLC (“Amazon”). The Supreme Court vide order dated 6th August, 2021 set aside…
-
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…
-
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…