DISPUTE
RESOLUTION
Independent directors have a job to do
Independent directors face rising liability as SEBI and courts demand greater diligence and accountability
Role of technology and AI in transforming M&A deals
Lawyers have adapted practice methodologies in response to evolving technology
IBC not a tool for debt collection
The IBC aims to revive distressed entities, but its application often differs
Definitive ruling on arbitration seat and venue
Freedom to choose arbitration seats is key to party autonomy, as reaffirmed in Arif Azim Company Limited v Micromax Informatics FZE
Arbitration award reform requires realistic costs
The cost regime needs reform to deter frivolous dispute filings
Peer-to-peer electricity trading as path to net zero
Peer-to-peer electricity trading can boost renewables but faces regulatory and cost challenges
Forced mediation for counterclaims counterproductive
Delhi High Court upheld mandatory mediation for non-urgent counterclaims; Supreme Court confirmed this in Nov 2024
Family settlement disputes may include non-signatories
In Ajay Madhusudan Patel v Jyotrindra S Patel, the Supreme Court allowed non-signatories to join arbitration under a family arrangement agreement, applying the Cox & Kings tests
New India-UAE treaty extends investor protections
India and the UAE have signed a bilateral investment treaty, providing reciprocal investment protection to investors from both nations
Judicial intervention in arbitration finally settled. Again
In SBI General Insurance Co Ltd v Krish Spinning, the Supreme Court defined the limits of judicial intervention when courts appoint arbitrators under the Arbitration and Conciliation Act, 1996.
Tax rules to resolve pending cases take effect on 1 October
The Ministry of Finance released the Direct Tax Vivad se Vishwas Rules, 2024, effective from 1 October 2024
Compass shift from arbitration?
The finance ministry’s about-face on arbitration runs against established aspirations of making India a hub
