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Dispute Resolution Bulletin

ISSUE XVI : Post BALCO developments

October 2015
Post BALCO Developments Introduction The Arbitration and Conciliation Act, 1996 (“Act”) is divided into four parts.1 First part of the Act (“Part I”) deals with the arbitrations conducted in India...
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ISSUE XV : Should master circular cover derivative transaction?

December 2013
Derivative is a financial contract that derives its value from a specific market reference, such as a common stock, index, interest rate, commodity, or currency. Derivatives are one of the...
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ISSUE XIV : Res-subjudice in arbitration

July 2013
In commercial transactions, disputes are governed by agreements between the parties. Dispute resolution clause provides for resolution of disputes through courts or alternate mechanisms, preferably arbitration.
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ISSUE XIII : Supreme Court’s landmark Bharat aluminium judgment prohibits interference by Indian courts in foreign seated arbitrations

November 2012
The Arbitration and Conciliation Act, 1996 (“Act”) is divided into four parts: Part I (“Arbitration”), Part II (“Enforcement of Certain Foreign Awards”), Part III (“Conciliation”) and Part IV (“Supplementary Provisions”)
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ISSUE XII : Heed and read the arbitration clause

November 2011
India has seen several landmark decisions on Arbitration, especially relating to disputes between Indian and foreign entities. Despite several guidelines by Supreme Court from time to time on arbitration clauses...
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ISSUE XI : Arbitrator’s power to grant interest

September 2011
In July 2011, the Supreme Court of India (“SC”) in “Union of India vs M/S. Krafters Engineering and Ors.”1 pronounced an important judgment pertaining to payment of interest under the...
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ISSUE X : MRO activity in SEZ: A taxable service!

June 2011
Export promotion and increased foreign investment are words that have become almost synonymous with the concept of Special Economic Zones (“SEZ”). The government has provided numerous tax benefits to the...
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ISSUE IX : New grounds for judicial intervention

December 2010
The intention of the legislature while enacting the Arbitration and Conciliation Act, 1996 (“the Act”) was to offer a suitable alternate to litigation, offering parties a mode for resolving their...
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ISSUE VIII : Evolution of India’s arbitration law

October 2010
There is a growing concern and debate amongst investors about the efficacy of arbitrations in India and whether it should be a preferred mode of dispute resolution, like it is...
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ISSUE VII : Conciliation in India: An overview

August 2010
The Arbitration and Conciliation Act, 1996 (“the Act”) is based on the UNCITRAL Model Law on international commercial arbitration and conciliation. While the Act was not intended to displace the...
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