Articles and Updates

• Saurabh Babulkar and Anand Chichra - 14-04-2021

In its recent judgment in the case of Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s Navigant Technologies Pvt. Ltd.1, the Hon'ble Supreme Court reiterated its position on the period of limitation applicable on a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("Act"). The moot question in the present dispute was whether the period of limitation for filing a petition under Section 34 of the Act would commence from the date on which the draft award is circulated, or the date on which the signed copy of the award is provided to the parties. The present article briefly examines the findings of the Hon'ble Supreme Court in the afore-mentioned matter.

• Vasanth Rajasekaran and Saurabh Babulkar - 14-04-2021

In recent times, several noteworthy judgments have been rendered by the Indian Courts in matters involving the arbitration law. Some decisions of the Hon'ble Supreme Court that discuss and set out the legal position concerning the interpretation and applicability of provisions of the Arbitration and Conciliation Act, 1996 rendered in the first quarter of 2021 have been summarised below: Bhaven Construction through Authorised Signatory Premjibhai K. Shah v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd. and Anr.

• Vasanth Rajasekaran and Saurabh Babulkar - 08-04-2021

The year began on a high note, with several noteworthy judgments being delivered by the Indian Supreme Court in matters involving the Insolvency and Bankruptcy, Code 2016. Some recent decisions of the Hon'ble Supreme Court rendered in the first quarter of 2021 that discuss and set out the legal position concerning the interpretation and applicability of provisions of the Insolvency and Bankruptcy Code, 2016 have been summarised below: Manish Kumar v. Union of India (UoI) and Ors.

• Akshay Sachthey and Maryam Naaz Quadri - 30-03-2021

The Supreme Court recently split open another issue that was previously considered settled – the enforceability of an arbitration agreement incorporated in an unstamped contract. The decision of the Supreme Court was given recently by a three-judge bench in the case of NN Global Mercantile Pvt Ltd v Indo Unique Flame Ltd & Others.

• Ritika Ganju and Kripi Kathuria - 30-03-2021

Like the developed competition law jurisdictions, the Competition Commission of India (CCI) has over the last few years come down heavily on cartelisation in terms of investigation and penalty. Till date, the maximum penalty of INR 63.2 billion imposed by the CCI has been in case of cement cartelisation (Case no. 29 of 2010). Apart from the exposure to a substantial penalty, corporates have started to fear reputational damage that could ensue from adverse publicity of search and seizure exercise, which have been actively conducted by Director General (DG) in such cases.