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Dispute Resolution Bulletin
Post BALCO Developments Introduction The Arbitration and Conciliation Act, 1996 (“Act”) is divided into four parts.1 First part of the Act (“Part I”) deals with the arbitrations conducted in India...
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Derivative is a financial contract that derives its value from a specific market reference, such as a common stock, index, interest rate, commodity, or currency. Derivatives are one of the...
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In commercial transactions, disputes are governed by agreements between the parties. Dispute resolution clause provides for resolution of disputes through courts or alternate mechanisms, preferably arbitration.
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The Arbitration and Conciliation Act, 1996 (“Act”) is divided into four parts: Part I (“Arbitration”), Part II (“Enforcement of Certain Foreign Awards”), Part III (“Conciliation”) and Part IV (“Supplementary Provisions”)
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India has seen several landmark decisions on Arbitration, especially relating to disputes between Indian and foreign entities. Despite several guidelines by Supreme Court from time to time on arbitration clauses...
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In July 2011, the Supreme Court of India (“SC”) in “Union of India vs M/S. Krafters Engineering and Ors.”1 pronounced an important judgment pertaining to payment of interest under the...
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Export promotion and increased foreign investment are words that have become almost synonymous with the concept of Special Economic Zones (“SEZ”). The government has provided numerous tax benefits to the...
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The intention of the legislature while enacting the Arbitration and Conciliation Act, 1996 (“the Act”) was to offer a suitable alternate to litigation, offering parties a mode for resolving their...
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There is a growing concern and debate amongst investors about the efficacy of arbitrations in India and whether it should be a preferred mode of dispute resolution, like it is...
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The Arbitration and Conciliation Act, 1996 (“the Act”) is based on the UNCITRAL Model Law on international commercial arbitration and conciliation. While the Act was not intended to displace the...
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