The Dichotomy of Seat and Venue of Arbitration Continues
202007.10
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The Dichotomy of Seat and Venue of Arbitration Continues

SUPREME COURT OF INDIA Mankastu Impex Pvt. Ltd. v. Airvisual Ltd.  ARB. PETITION 32/2018 | DATE: 05.03.2020 FACTS The Petitioner and the Respondent had entered into a MoU whereby the Petitioner was an exclusive distributor of the Respondents Air quality monitors products for a period of 5 years. The former is a company incorporated in…

Mediation – Easy & Speedy Settlement
202007.09
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Mediation – Easy & Speedy Settlement

CAN MEDIATION BE ADOPTED IN INDIA? Long-litigation years, increasing financial pressures on parties and the also the procedural arbitration mechanism, parties have become willing to resolve disputes at a faster pace with minimal costs and are looking for an alternative dispute resolution mechanism. Mediation is one such mechanism which can help evolving companies, MSMEs, start-ups,…

Advertisement, Marketing & Promotion Expenses (AMP) – A Tale of Controversy
202007.09
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Advertisement, Marketing & Promotion Expenses (AMP) – A Tale of Controversy

BACKGROUND The most important and unsolved puzzle of transfer pricing litigation is Advertisement, Marketing & Promotion Expenses (AMP), which has no statutory law or legislation, thus its complete analogy and understanding is getting developed purely through judicial precedents and the same is still at very nascent stage. In a typical MNC business model, the Indian…

Losing Party cannot seek an Order under Section 34 of the Act
202007.07
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Losing Party cannot seek an Order under Section 34 of the Act

DELHI HIGH COURT Tecnimont Private Limited & Anr. v. ONGC Petro Additions Limited O.M.P. (I)(COMM) 87/2020 | DATE: 20.06.2020 FACTS The Petitioners and the Respondents entered into two contracts dated 2nd September, 2011 wherein the Petitioners were allotted the work of construction, development and successfully commissioning of a Polyethylene Unit (“PE Unit”) and the Polypropylene…

I&B Code, 2016 v. Arbitration, 1996
202007.07
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I&B Code, 2016 v. Arbitration, 1996

National Company Law Tribunal, Mumbai Indus Biotech Private Limited v.  Kotak India Venture Fund-I [IA No. 3597/2019 in CP (IB) No. 3077/2019] | Date: 09.06.2020 FACTUAL BACKGROUND  In the present case, the Indus Biotech Pvt. Ltd. (Corporate Debtor) has filed a Interlocutory application under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act,…

Decriminalisation of Cheque Bouncing
202007.04
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Decriminalisation of Cheque Bouncing

The statement released by Ministry of Finance on 8th June, 2020 has proposed to decriminalize a number of economic offences and one of such offences is the offence under Sec 138 of Negotiable Instruments Act, 1881 for dishonor of cheque. The Ministry has invited comments of stakeholders latest by June 23, 2020 on the decriminalization…

Brief Order a must for ‘Advertisement before Acceptance’ of Trademark
202006.30
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Brief Order a must for ‘Advertisement before Acceptance’ of Trademark

HIGH COURT OF JUDICATURE AT DELHI Jai Bhagwan Gupta Versus Registrar of Trademarks & Ors. WP No. (C) 11872/2005 | 03.03.2020 FACTS  In the present case, Mr. Jai Bhagwan Gupta (hereinafter referred to as “the Petitioner”), proprietor of M/s. Bhagwan Kirana Company had registered its trademark for the “JEERA PUJARI” (word mark) and “JAI PUJARI…

Multiple Arbitrations Under Section 34 of the Act
202006.30
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Multiple Arbitrations Under Section 34 of the Act

DELHI HIGH COURT Gammon India Ltd. & Anr. v. National Highways Authority of India commercial OMP 680/2011 | Date: 23.06.2020 FACTS  The present application was filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) to challenge the Arbitral Award which was rendered by the 2nd Arbitral Tribunal. The Parties had invoked…

Territorial Jurisdiction of a Court for Enforcement of Award
202006.26
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Territorial Jurisdiction of a Court for Enforcement of Award

HIGH COURT OF DELHI Glencore International AG v. Hindustan Zinc Limited O.M.P. (EFA) (COMM.) 9/2019 & O.M.P. (EFA) (COMM.) 10/2019 | DATE: 08.06.2020 FACTS  The Petitioner and the Respondent entered into a Contract in the year of 2011 for supply of goods being shipped from Australia to India. The said Contract under Clause 27.2 stated…

Prospective Application of enhanced IBC threshold for CIRP
202006.26
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Prospective Application of enhanced IBC threshold for CIRP

NATIONAL COMPANY LAW TRIBUNAL CHENNAI BENCH M/s Arrowline Organic Products Pvt. Ltd. v. M/s Rockwell Industries Limited IA/341/2020 in IBA/1031/2019 | Date: 02.06.2020 FACTS  M/s Rockwell Industries Limited (hereinafter referred as the Respondent/ Operational Creditor) filed an application for initiation of Corporate Insolvency Resolution Process (hereinafter refereed as CIRP) under Section 9 of the Insolvency…