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Clasis Law | India | 29 May 2023

Is it permissible for the Arbitral Tribunal to allow parties to continue or revive the proceedings once terminated?

M/s. Hyderabad Metropolitan Development Authority and M/s. Hyderabad Growth Corridor Limited (“Petitioners”) approached the Telangana High Court…
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Global Arbitration Review | India | 26 May 2023

Terminating arbitration: lessons from India

This article examines the scope of section 32(2)(c) of the Arbitration and Conciliation Act 1996, which is based on article 32 of the United Nations…
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Global Arbitration Review | India | 26 May 2023

Arbitrability of shareholder disputes in India: complexities and issues

This article provides an overview of the concept of arbitrability under Indian law. As the Arbitration and Conciliation Act 1996 of India is…
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Acuity Law | India | 25 May 2023

Insufficiently stamped agreement and the defeat of arbitration!

Expeditious and efficacious dispute resolution is essential for creating a business-friendly environment. In its 246th Report, the Law…
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Phoenix Legal | India | 12 May 2023

Objections pertaining to the arbitration proceedings not raised at appropriate time cannot be a ground while challenging the award under Section 34

The Calcutta High Court (“Court”) in the recent judgment of West Bengal Housing Board v. M/s. Abhishek Construction, rejected the challenge to the…
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Fox Mandal | India | 11 May 2023

Validity of unstamped arbitration agreements: a scrutiny of dissenting opinions

Settling the long-standing debate around the validity and enforceability of an unstamped arbitration agreement and putting an end to contradictory…
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Cyril Amarchand Mangaldas | India | 9 May 2023

Does Non-Stamping of a Contract Render an Arbitration Clause Contained in it Unenforceable? The Supreme Court Says Yes

Does the arbitration clause in a commercial contract becomes unenforceable due to non-payment of stamp duty, or it is preserved by the separability…
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JSA | India | 8 May 2023

IP Disputes in India-Arbitrable or not?

The Arbitration and Conciliation Act, 1996 (the Act) was enacted to consolidate the law relating to domestic and international commercial arbitration…
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Cyril Amarchand Mangaldas | India | 8 May 2023

Enforceability of an Unstamped Arbitration Agreement

The issue of enforceability of an arbitration clause contained in an unstamped/ insufficiently stamped agreement has been the subject of various…
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Parinam Law Associates | India | 2 May 2023

In a landmark judgment, the Supreme Court of India holds that arbitration cannot be invoked when the arbitration agreement or clause is contained in an unstamped or insufficiently stamped agreement or contract

On 25th April 2023, 3 (three) (Justice K.M. Joseph, Justice C.T. Ravikumar and Justice Aniruddha Bose) of 5 (five) Judges of the Hon’ble Supreme…
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