Can disputes be re-arbitrated after an Award is set aside? Delhi high court weighs in, ET LegalWorld
On January 14, The Delhi High Court declined to appoint an arbitrator in a dispute where the claims had already been the subject matter of a prior arbitration reference. The judgment attains significance because of the lack of any clarity on the point of law where claims can keep getting re-arbitrated after the award gets […]
Bombay HC rules real estate disputes under RERA non-arbitrable, ET LegalWorld
MUMBAI: The Bombay High Court has ruled that a dispute between an individual allottee and a promoter covered by RERA is non-arbitrable. The jurisdiction of the Real Estate Regulatory Authority, established under the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA), is not ousted, even if the agreement between the promoter and […]
NCLAT denies approval for JAL scheme of arrangement amid legal disputes, ET LegalWorld
Highlights The National Company Law Appellate Tribunal ruled that the events leading to the filing of Section 7 application against Jaiprakash Associates Limited were significant factors for the National Company Law Tribunal’s decision to not approve the Scheme of Arrangement. The National Company Law Tribunal deemed the ongoing litigation regarding the assets in question as […]
Pre litigation mediation mandatory to file counter claim in commercial disputes: HC, ET LegalWorld
The Delhi High Court has held that the requirement of pre-litigation mediation under the Commercial Courts Act is mandatory in nature prior to the filing of counterclaims in commercial disputes. The court said the process of pre-institution mediation is mandatory for every suit involving a commercial dispute and no distinction can be drawn when it […]