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Mediation under the Commercial Courts Act, 2015: The legislative intent and the interpretation conundrum

India - November 16 2021 In recent years, there has been an attempt on part of the legislature to provide impetus to other forms of dispute resolution methods including…

Yuvraj Choksy

NCLAT Reiterates that a Decree-Holder cannot be treated as a Financial Creditor for triggering CIRP under IBC

India - September 4 2020 The National Company Law Appellate Tribunal, Delhi (NCLAT) in the case of Sh. Sushil Ansal Vs Ashok Tripathi and Ors, has reiterated that a…

Kathleen Lobo, Shobhana Narayan

Supreme Court upholds Party Autonomy in Appointment of Arbitrators

India - July 30 2020 In the arbitration regime, party autonomy has gained much recognition. When drafting an arbitration agreement, parties are free to choose ad hoc or…

Kathleen Lobo, Shobhana Narayan

NCLT Mumbai: Unenforced Foreign Award can be the Basis for a Claim for a CIRP Application

India - June 29 2020 On 9 June 2020, the Mumbai Bench of the National Company Law Tribunal (NCLT) passed an order admitting a petition for the initiation of the corporate…

Rajeswari Mukherjee, Kathleen Lobo

The “New Normal” for International Institutional Arbitrations

India - June 17 2020 We all have witnessed the outbreak of COVID-19 and its consequent global proliferation over the course of December 2019 - April 2020. Lockdowns and…

Rajeswari Mukherjee, Yashashree Munde