Seat of Arbitration is akin to an Exclusive Jurisdiction Clause
The Supreme Court in a recent judgement in Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited & ORS (Civil Appeal No in 5370-5371 of 2017) ruled that once the seat of arbitration in
PREMIUM CAN NOT BE PART OF CAPITAL EMPLOYED IN THE BUSINESS OF COMPANY
The Supreme Court in its recent judgment ruled that the premium amount collected by the Company on its issued share capital is not a part of the ‘capital employed in the business of the Company’
Insolvency Professional cannot play two roles viz.‘profession’ and ‘employment’ simultaneously
The Insolvency and Bankruptcy Board of India (“IBBI”), the regulatory body constituted under the Insolvency and Bankruptcy Code, 2016 (the “Code”), in its first order rejected an application for registering an Insolvency Professional (“IP”). The
Two Tier Arbitration
In a recent judgement, a three bench division of the Hon’ble Supreme Court of India in M/S. Centrotrade Minerals & Metal Inc v Hindustan Copper LTD[1]. held that settlement of disputes or differences through two-tier
Nomination Vs. Succession
In a recent judgement the High Court of Bombay in Shakti Yezdani v. Jayanand Jayant Salgaonkar [1]ruled that legal heirs and not the nominees will obtain the ownership rights of share certificates, effectively circumscribing the
Foreign Award Unenforceable, If Arbitration Agreement Unsigned
The Delhi High Court in a recent judgement refused the enforcement of the foreign award under section 48 of the Arbitration and Conciliation Act, 1966 (“the Act”) as one party to the contract had not
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