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Party not entitled to the exclusion of limitation under Section 14, wherein Arbitration Award was challenged in Writ, since prosecution of Writ challenging an award not a bona-fide prosecution.

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Jan 09, 2024 by Admin

Section 34
Section 14
Limitation Act
Arbitration and Conciliation Act
1996

SECTION 10A of IBC - A 'LAKSHMAN REKHA' FOR FILING CIRP AGAINST A CORPORATE DEBTOR SAYS NCLT CHENNAI

The Adjudicating Authority NCLT, Chennai Bench, has by its Judgment dated 9th July 2020 dismissed the IBC Petition No. 215/2020 filed by Ramesh Kymal v/s M/s. Siemens Gamesa Renewable Power Pvt Ltd, in view of an Interlocutory Application No. IA/395/2020 preferred by the Corporate Debtor challenging the maintainability of the I&B Petition on the point of promulgation of IBC (Amendment) Ordinance, 2020 published in Gazette of India on 05/06/2020, inserting new Section 10A in

Jan 29, 2023 by

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IBC V/S ARBITRATION – A TUSSLE

In a landmark judgment dated 9 June 2020 re: ‘Indus Biotech Private Limited v. Kotak India Venture Fund-I’, the National Company Law Tribunal, Mumbai Bench-IV (NCLT), referred the parties to Arbitration by allowing an application filed by Indus Biotech Private Limited, (corporate debtor) under Section 8 of the Arbitration & Conciliation Act, 1996 (Arbitration Act)

Jun 01, 2022 by

CHALLENGE TO ARBITRAL AWARD – RULE OF INTERPRETATION & LIMITATION

The words interpretation or application of the contract are frequently used in arbitration agreements, and they generally cover disputes between the parties in regard to the construction of the relevant terms of the contract as well as their effect.

Jun 02, 2023 by

INTERPRETATION OF ‘FORCE MAJEURE’ CLAUSE IMPACTING GLOBAL CONTRACTS DURING COVID-19

he draconian spread of COVID 19 around the world has plunged the human life into an unprecedented fear. The contagion outbreak has spread over 185 countries. WHO declared “COVID-19” a pandemic on March 11, 2020, thus hugely impacting people’s lives, families. Besides, serious implications for people’s health and life, COVID-19 has globally impaired businesses and economies across the world, due to the nation-wide lockdowns and social distancing imposed to contain the virus. The losses are immens

Jan 29, 2023 by

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