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The Turning Tides of US Sanctions: India Caught in the Middle

Secondary Sanctions & Countermeasures

The recent escalation of United States (“US”) sanctions against Russia seems to have significant consequences for the Indian market. India has strong economic relationships with both the countries. At the moment, however, India seems to be caught between a ‘rock and a hard place’.[1] The country finds itself in a tricky minefield and it has to now balance its financial interests, along with its obligations to the international community.

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SC rules on applicability of doctrine of ‘group of companies’ in arbitration jurisprudence

Introduction

Consent by way of consensus-ad-idem and party autonomy are so deeply entrenched as the foundational or grundnorm principles of arbitration, that any material deviation therefrom is likely to pose challenges. One such challenge is the introduction of the doctrine of ‘group of companies’ in the jurisprudence of Indian arbitration, whereunder an arbitration agreement is extended, under certain conditions, to even non-signatory companies of the same group. In the words of Dr. Justice Dhananjaya Y. Chandrachud, Hon’ble CJI, it is “a modern theory which challenges the conventional notions of arbitration law.”

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Domain Name Registrar or Do Not Register? – The Question to be Answered

Domain Name Registrars (“DNR”) assist users in registering websites with a domain name of their choice. DNRs collect information from the user and submit it to the respective domain registry. This has resulted in several users misusing intellectual property of third parties either unintentionally or with the intent of riding upon the goodwill of such third parties. Consequently, DNRs, the ad-hoc gatekeepers of the internet, have come under intense scrutiny of the courts. 

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Devas v Antrix: fraud as a ground for setting aside an arbitral award: unique outlier or a sign of things to come?

INTRODUCTION

‘Fraud vitiates all’ is a legal principle firmly embedded in the Indian jurisprudence. An iteration of this principle also finds place in the provisions of the Arbitration and Conciliation Act, 1996 (“Act”), in Section 34(2)(b)(ii), whereunder an arbitral award can be challenged for being in ‘conflict with public policy of Indian Law’, inter alia if “the making of the award was induced or affected by fraud”.

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Group Insolvency: Introduction

Group means two or more enterprises, which directly or indirectly are in a position to exercise 26% or more voting rights in other enterprise or appoint more than 50% members of the Board of Directors in the other enterprise or control the management or affairs of the other enterprise.[1]

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CONUNDRUM SURROUNDING SECTION 42 OF ARBITRATION AND CONCILIATION ACT, 1996

INTRODUCTION

India’s arbitration law is thorough and organic because of its ever-evolving nature, through several amendments and decisions of the courts from time to time. However, the strict wordings of certain provisions contained in the Arbitration and Conciliation Act, 1996 (“Arbitration Act”),have caused a stir, for which courts have had to step in and use the tools of interpretation to resolve such practical dilemmas.

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Arbitral clause contemplating ambiguous pre-deposit condition is violative of Article 14: Supreme Court holds in a Section 11(6) application

Introduction

The Hon’ble Supreme Court, vide its recent judgment in Lombardi Engineering Ltd. v. State of Uttarakhand[1] adjudicated inter alia upon whether, when deciding an application under Section 11(6) of Arbitration and Conciliation Act, 1996[2] (“1996 Act”), for appointment of a sole arbitrator, the validity of a pre-deposit condition can be looked into on the anvil of Article 14 of the Constitution of India?

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Introduction:

A division bench of the Hon’ble Supreme Court, comprising Hon’ble Chief Justice D.Y. Chandrachud and Justice J. B. Pardiwala in Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd. and Ors[1] on September 21, 2023, held that a borrower only has right of mortgage redemption till the publication of auction notice under Section 13(8) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (“SARFAESI Act”). The Hon’ble Supreme Court analysed orders passed by various Hon’ble High Courts in interpreting the provisions of Section 13(8) of the SARFEASI Act, post the amendment in 2016 (“Amendment”) and the intent of the Amendment.

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Till Death Do Us Part? Abatement of Criminal Revision, Appeals on Death of Accused.

INTRODUCTION

It is trite law that while criminal proceedings operate in rem, the consequence of such proceedings (viz. imprisonment) impacts the liberties of individual person(s). It is equally well settled that legal heirs of an accused/ convict cannot be made to serve imprisonment on the death of the accused/ convict. This begs the question whether the demise of the individual also sounds the death knell on the connected criminal proceedings against him. In the present article, we explore whether the criminal appellate/ revisional proceedings would abate ipso facto on the death of the accused/ convict.

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Extension under Section 29A of Arbitration and Conciliation Act, 1996 not a possibility if application for extension is not made while mandate subsisted

The Hon’ble Calcutta High Court in Rohan Builders (India) Pvt. Ltd v Berger Paints India Limited 2023 SCC OnLine Cal 2645 recently deliberated on the issue of whether Courts can extend an arbitral tribunal’s mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (“the Act”), after the mandate of the arbitral tribunal has been terminated.

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