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Dispute Digest

M&A and Private Equity Landscape
Dispute Digest

No special treatment for government agencies in arbitration

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Statutory-authorities-on-par-with-private-entities-in-arbitration-matters-L
Dispute Digest

Statutory authorities on par with private entities in arbitration matters

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sale consideration not financial debt
Dispute Digest

Balance sale consideration not ‘financial debt’: NCLAT

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Arbitral Award Time Extension
Dispute Digest

Supreme Court allows more time to pass arbitral award

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Arbitration Clause Reference Requirement
Dispute Digest

Arbitration clause needed in newer contracts

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Foreign Award Enforcement Bias
Dispute Digest

Supreme Court leans against intervention in foreign awards

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Arbitrators’ rights to terminate proceedings curbed
Dispute Digest

Arbitrators’ rights to terminate proceedings curbed

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Professional Services Exclusion
Dispute Digest

Professional work not ‘service’ under consumer law

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Guidelines for Special Courts
Dispute Digest

Guidelines for special courts in money laundering cases

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Supreme Court Arbitration Verdict
Dispute Digest

A curative ‘cure’: Apex court settles dust in DMRC v DAMEPL

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Court Intervention in Commercial Contracts
Dispute Digest

Scope of court’s ability to rewrite commercial contracts

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Arbitration Award Modification by Civil Judge
Dispute Digest

Supreme Court sets limits on award modification

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Pre-Litigation Mediation in Commercial Proceedings
Dispute Digest

No shortcut from pre-litigation mediation

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Supreme Court Interim Orders
Dispute Digest

Supreme Court rejects automatic vacation of stay orders

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How and when should arrests be communicated (1)
Dispute digest

How and when should arrests be communicated?

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Unlawful occupation compensated
Dispute digest

Unlawful occupation compensated after three decades

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Constitution upholds arbitration neutrality
Dispute Digest

Constitution upholds arbitration neutrality, party autonomy

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property commercial contracts jurisdiction
Dispute Digest

Disputed jurisdiction for property, commercial contracts

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ACIL Limited Insolvency Case
Dispute Digest

Reasoning at the heart of decision

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Arbitrators' decision-making standards
Dispute Digest

Arbitrator autonomy still demands proper decision-making

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dishonored cheques liability
Dispute Digest

Liability of directors for dishonoured cheques

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Unstamped non-disclosure agreement
Dispute Digest

Resolving an unstamped non-disclosure agreement

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Mediation Bill India
Dispute Digest

Mediation is not myth

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Judicial intervention arbitration
Dispute Digest

Arbitration: reins tighten on judicial intervention

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Dissenting arbitrator's opinion
Dispute Digest

Dissent is not award

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Legal amendments face fairness test
Dispute Digest

High court rules amendments face twin test

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legitimate expectation
Dispute Digest

Split verdict on legitimate expectation

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transfer proprietary rights
Dispute Digest

Agreement to sell does not transfer proprietary rights

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Court legitimises third-party funding
Dispute Digest

Court ruling legitimises third-party funding

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Law stands above commercial wisdom
Dispute Digest

Law stands above commercial wisdom

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time essence appeal limitations
Dispute Digest

Time of the essence in appeal limitations

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No stamp no arbitration
Dispute Digest

No stamp, no arbitration

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arbitration suits court
Dispute Digest

When arbitration suits the court

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High Court Refuses Arbitration Application in Shiram EPC Ltd
Dispute Digest

No arbitration for time-barred issues

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No disqualification when arbitrator assists
Dispute Digest

No disqualification when arbitrator assists on unrelated matter

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pre-deposit SARFAESI
Dispute Digest

Pre-deposit under SARFAESI is mandatory

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Dispute Digest

Constitution bench decision will impact progress of arbitration

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cotton contracts dispute decision
Dispute Digest

Separate cotton contracts do not unravel dispute decision

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admissions give and take basis
Dispute Digest

Admissions only enforceable on give-and-take basis

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interference under arbitration act
Dispute Digest

When is interference possible under Arbitration Act?

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Dispute Digest

Court grounds dispute brought by Frankfinn Aviation

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council overrides MSMED act
Dispute Digest

Council overrides arbitration agreement under MSMED Act

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India immovable property agreements
Dispute Digest

Time not of the essence in sale of immovable property agreements

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India section 141 NI act debate
Dispute Digest

Debate on section 141 of NI act

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India Supreme Court directive on ad hoc arbitrator fee
Dispute Digest

Supreme Court directive on ad hoc arbitrator fee

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‘Final and binding’ not needed to validate arbitration clause
Dispute Digest

‘Final and binding’ not needed to validate arbitration clause

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References not enough to compel arbitration
Dispute Digest

References not enough to compel arbitration

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Top-court-steps-in-to-settle-jurisdiction-disputes-L
Dispute Digest

Top court steps in to settle jurisdiction disputes

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When in doubt, arbitrate
Dispute Digest

When in doubt, arbitrate

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Solving-the-problem-of-interest-and-insolvency-L
Dispute Digest

Solving the problem of interest and insolvency

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Power of attorney and property ownership
Dispute Digest

Power of attorney and property ownership

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Standards of proof for money laundering offences
Dispute Digest

Standards of proof for money laundering offences

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Court acts on reassessments
Dispute Digest

Court acts on reassessments

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Decree holders ‘not same as financial creditors’
Dispute Digest

Decree holders ‘not same as financial creditors’

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Court not obliged to remit matters to arbitral tribunals
Dispute Digest

Court not obliged to remit matters to arbitral tribunals

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Arbitral awards bound by contract
Dispute Digest

Arbitral awards bound by contract

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Procedure: the handmaid of justice
Dispute Digest

Procedure: the handmaid of justice

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Pre-deposit mandatory under Customs Act
Dispute Digest

Pre-deposit mandatory under Customs Act

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Court cannot refuse specific performance without reason
Dispute Digest

Court cannot refuse specific performance without reason

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Haryana-L
Dispute Digest

Job quotas not yet working in Haryana

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Flat owners triumph on occupation certificate compensation
Dispute Digest

Flat owners triumph on occupation certificate compensation

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Post-award interest okayed in arbitration awards
Dispute Digest

Post-award interest okayed in arbitration awards

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Not all public service employees are equal
Dispute Digest

Not all public service employees are equal

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Does draft mediation bill deliver?
Dispute Digest

Does draft mediation bill deliver?

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Insolvency resolution process has time limits
Dispute Digest

Insolvency resolution process has time limits

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Supreme Court clarifies award modifications
Deal digest

Supreme Court clarifies award modifications

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Uttar Pradesh RERA’s refund decision upheld
Deal digest

Uttar Pradesh RERA’s refund decision upheld

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Employment-burden-of-proof-after-dismissal-‘on-the-employee-L8
Dispute Digest

Employment burden of proof after dismissal ‘on the employee’

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GCCL Infra first to take pre-pack insolvency route
Dispute Digest

GCCL Infra first to take pre-pack insolvency route

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Amendment to Gujarat act struck down
Dispute Digest

Amendment to Gujarat act struck down

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Court-upholds-emergency-award-in-Amazon-dispute
Dispute Digest

Court upholds emergency award in Amazon dispute

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Certificate of recovery constitutes fresh cause of action
Dispute Digest

Certificate of recovery constitutes fresh cause of action

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Campus hostels run by charitable trusts exempted under act
Dispute Digest

Campus hostels run by charitable trusts exempted under act

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Court addresses limitation provisions under MSMED Act
Dispute Digest

Court addresses limitation provisions under MSMED Act

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Levy on imported oxygen concentrators challenged
Dispute Digest

Levy on imported oxygen concentrators challenged

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Suit by unregistered partnership firm declared null
Dispute Digest

Suit by unregistered partnership firm declared null

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Supreme Court- Party autonomy is the backbone of arbitration
Dispute Digest

Supreme Court: Party autonomy is the backbone of arbitration

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Delay for filing appeals condoned under Commercial Courts Act
Dispute Digest

Delay for filing appeals condoned under Commercial Courts Act 

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Madras High Court order set aside
Dispute Digest

High court order set aside as alternative legal remedies exist

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litigation
Dispute Digest

Court lays down law for selection of forum in arbitration

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Related party exclusion cannot be avoided through divestment 
Dispute Digest

Related party exclusion cannot be avoided through divestment 

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Constitutional validity of amended IBC Act upheld
Dispute Digest

Constitutional validity of amended IBC Act upheld

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Governmental tug of war derails metro work
Dispute Digest

Governmental tug of war derails metro work

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Arbitrator can award interest in absence of express prohibition 
Dispute Digest

Arbitrator can award interest in absence of express prohibition 

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Issue of unstamped arbitration agreements still in question
Dispute Digest

Issue of unstamped arbitration agreements still in question

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_SC-expands-role-of-informant-under-Competition-Law-
Dispute Digest

SC expands role of informant under Competition Law 

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Moratorium on new law colleges held ‘unconstitutional’
Dispute Digest

Moratorium on new law colleges held ‘unconstitutional’

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Homeowners can file proceedings under Consumer Protection Act
Dispute Digest

Homeowners can file proceedings under Consumer Protection Act

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Order to transfer suit to undefended status overruled
Dispute Digest

Order to transfer suit to undefended status overruled

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Dispute Digest

Proof of notice needed for appointment of arbitrator

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Future Group, RIL ignore SIAC award
Dispute Digest

Future Group, RIL ignore SIAC award

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SC weighs in on flight tickets cancelled during lockdown
Dispute Digest

SC weighs in on flight tickets cancelled during lockdown

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Price fluctuations Contract
Dispute Digest

Specific mention of price fluctuations is needed in contracts

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Pecuniary jurisdiction ncdrc
Dispute Digest

NCDRC clarifies pecuniary jurisdiction to hear disputes

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Vodafone
Dispute Digest

Government mulls options after Vodafone dispute win

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real estate developer
Dispute Digest

‘One-sided’ developer agreement overturned

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healthcare medicine
Dispute Digest

Court takes stand on inadequate healthcare

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Arbitration-award-against-Jackie-Shroff-set-aside
Dispute Digest

Arbitration award against Jackie Shroff set aside

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foreign arbitral award enforcement Appellate arbitration Bhasin & Co
Dispute Digest

Enforcement of foreign arbitral award allowed

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Partnership act agreement India
Dispute Digest

SC clarifies when partnership firm can be dissolved

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Limitation
Dispute Digest

Limitation period for execution of foreign decrees settled

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Architects
Dispute Digest

Unregistered architects cannot build a name for themselves

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Dispute Digest

Filing limitations apply under section 8 of Arbitration Act

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cryptos
Dispute Digest

Supreme Court quashes RBI ban on cryptos

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insolvency
Dispute Digest

IBC cannot be used as a threat

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evidence
Dispute Digest

Documentary evidence outweighs oral testimony

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game
Dispute Digest

Court dismisses gambling PIL against online game

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employees
Dispute Digest

Contractual employees entitled to PF benefits

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parking
Dispute Digest

Developer pulled up over club, parking fees

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pension
Dispute Digest

Ruling quashes resignees’ right to a pension

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transaction
Dispute Digest

High court ruling on guarantor cheques

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Dispute Digest

SC: No defamation protection for intermediaries

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creditors
Dispute Digest

CJM can deal with applications of secured creditors

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proprietary
Dispute Digest

Sole proprietary concerns cannot file insolvency petitions

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nurse
Dispute Digest

Commercial use clarified for nurses’ residences

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Hotels
Dispute Digest

Hotels are liable for theft of guest’s vehicles

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RERA
Dispute Digest

Remedies under CPA, RERA are concurrent

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Dispute Digest

Fraud allegation cannot nullify arbitration agreement

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arbitrator
Dispute Digest

Supreme Court holds that company director can nominate arbitrator

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arbitration
Dispute Digest

Courts must restrict role to determining existence of arbitration agreement

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