In a significant move towards empowering women and challenging the patriarchal system, the Union administration is set to establish women-only courts, known as Nari Adalats, at the village level. These courts will serve as an alternative forum for resolving conflicts related to domestic violence, property rights, and other issues affecting women. The Nari Adalat program aims to create women collectives, raise awareness about women’s legal rights, and provide training to individuals who will be instrumental in addressing women’s grievances. While these courts do not possess legal standing, they ..read more

The High Court of Delhi recently addressed an important issue regarding the interpretation and application of the 2019 Amendment to Section 29A of the Arbitration and Conciliation Act (A&C Act). The court held that the amendment, which changed the time limit for rendering an award, should be applied retroactively to all pending arbitrations. The ruling came in response to a case involving several unique circumstances, including the unfortunate deaths of two arbitrators and the disruptions caused by the Covid-19 pandemic. The case centered around a dispute arising from a lease agreement th ..read more

In a recent ruling the Bombay High Court provided a significant clarification regarding the interaction between the Insolvency and Bankruptcy Code (IBC) and the Arbitration and Conciliation Act. The court held that the mere filing of a Section 7 application under the IBC does not bar parties from seeking the appointment of an arbitrator under the Arbitration and Conciliation Act. The case before the Bombay High Court involved a dispute between Sunflag Iron & Steel (applicant) and J. Poonamchand & Sons (respondent). Sunflag filed a Section 7 application under the IBC, seeking the initi ..read more

The Union Law Ministry has taken a significant step towards enhancing the arbitration ecosystem in India by constituting an expert committee to recommend reforms in the Arbitration and Conciliation Act of 1996. Chaired by Dr TK Vishwanathan, Former Secretary of the Department of Legal Affairs, the committee comprises sixteen members with diverse legal expertise and representation from key government bodies. The committee aims to assess the functioning of the current arbitration law and provide recommendations within a span of 30 days, starting from June 14. The expert committee boasts a team ..read more

In a recent decision, the Delhi High Court dismissed a petition filed by the Union of India seeking enforcement of a Final Partial Award (FPA) against Reliance Industries Limited (RIL). The court held that an execution petition could not be filed under Section 48 of the Arbitration and Conciliation Act, 1996 for a partial award that only decided some issues while deferring the decision on others. The judgment emphasized the importance of determining all issues to ascertain the liability of the parties involved. The case revolved around the extraction of petroleum from the Tapti and Panna Mukt ..read more

Litigation funding is a relatively new concept in India, but it is gaining popularity as a way for businesses and individuals to access justice. Litigation funding is the practice of a third party providing financial assistance to a litigant in exchange for a share of the proceeds if the case is successful. This can be a valuable option for those who cannot afford to pay for litigation out of their own pocket. In the recent case of Tomorrow Sales Agency Private Limited v. SBS Holdings, Inc., the Delhi High Court considered the question of whether a litigation funder can be held liable for an ..read more

The Hon’ble Supreme Court of India recently clarified that International Commercial Arbitrations (ICA) conducted in India are not bound by the statutory time limit prescribed under Section 29-A of the Arbitration and Conciliation Act, 1996. This decision has significant implications for international arbitration proceedings seated in India, providing flexibility and autonomy to the parties involved. The case in question involved. The parties had entered into various share subscription agreements, including one with NTT Docomo Inc., a Japanese telecom company. Disputes arose when the responden ..read more

In a recent case, M/s. Pratap Industries Products challenged an order passed by the District Judge regarding an application made under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (the Act). The High Court of Himachal Pradesh, presided over by Hon’ble Ms. Justice Jyotsna Rewal Dua, ordered a fresh decision on the application. The dispute arose from an arbitral award issued on October 30, 2021, in reference No. 3/5. The respondent, M/s. Hindustan Construction Company Ltd., filed objections against the award under Section 34 of the Arbitration and Conciliation Act ..read more

In a significant ruling pertaining to the enforcement of a Foreign Consent Award in ICC Arbitration, the Delhi High Court has clarified the legal status of such awards. The court dismissed the allegation of economic duress and coercion, labeling it as an afterthought, and emphasized that consent awards drawn after obtaining independent legal opinions cannot be treated as unenforceable. The case involved the enforcement of a Foreign Consent Award, which was met with opposition by the respondents who contended that the award, being passed upon consent, was not enforceable under the Convention o ..read more

Introduction In the case of M/s. Hyderabad Metropolitan Development Authority v. M/s. Ramky Elsamex Hyderabad Ring Road Limited, the Telangana High Court clarified that an Arbitral Tribunal does not possess the authority to revive terminated arbitration proceedings. The Court emphasized that parties cannot confer jurisdiction contrary to the statutory mandate and held that the participation of parties in subsequent proceedings holds no legal consequence when the proceedings have already been terminated. The Division Bench stressed that statutory provisions take precedence over the understandin ..read more