(
Booz Allen ), wherein it was
held that in eviction or tenancy matters which are governed by
special statues and where tenant enjoys statutory protection as a class is a matter of public interest and only the
specified court has been conferred exclusive jurisdiction to
adjudicate the same.
Later, in 2017, the issue regarding arbitrability of lease
dispute was once again re-visited by the Supreme Court in the case
of
Himangi Enterprises and after relying on the said
ratios of
Booze Allen and
Natraj Studios the
court rejected the application filed by the tenant (defendant)
under section 8 of the Arbitration and Conciliation Act, 1996
What did the seminar cover?
Commercial court disputes can be financially, reputationally and
emotionally exhaustive for the parties involved. When approached
with a considered strategy, mediations can lead to a more
beneficial outcome for both sides of a dispute. With the onset of
COVID-19 impacting the time it takes for disputes to reach the
courts, mediations are increasingly seen as a valuable dispute
resolution tool. In this dynamic webinar you will hear from the
former Regional Counsel of a multinational professional services
firm, an experienced QC mediator and counsel on:
Why approaching mediations like litigation proceedings is
ineffective
How to prepare for mediations and engage with your mediator
Jones Day If the recommendations in the JPC report are implemented, they will constitute the most substantive reform to the Australian class action regime in its nearly 30-year history.
Swaab
Families going through separation may be aware of recent news announcements of changes to the Family Court system.
Ramsden Lawyers
Parties must take special care when preparing offers to settle and notices of objection in response to costs statements.
Corrs Chambers Westgarth
The Australian class action landscape has undergone significant change in the last five years and will continue in 2021.
Holding Redlich
To print this article, all you need is to be registered or login on Mondaq.com.
The Magna Carta is a charter of rights that was
drafted by the court of King John of England in 1215. And
to this day, the eight-century-old document provides the
foundational legal principles of our modern Australian democracy,
including that of habeas corpus.
Also known as the great writ, habeas corpus is the right to call
on a court to deliberate upon whether the incarceration of an
individual is justified. Invoking the principle requires a
detaining authority to bring its detainee before the court to
1
(“
Vidya Drolia”) has made an attempt
to clear the decade-old uncertainty on this issue and has proposed
a four-fold test to determine the question of arbitrability in
India along with an interpretative guide for forums adjudicating
this issue.
This article briefly discusses the position of law prior to the
judgment in
Vidya Drolia and then goes on to discuss the
key findings of the Supreme Court in
Vidya Drolia and the
application of the test and guidance to forums.
Arbitrability under Indian Law: The Pre-Vidya Drolia Era
The Supreme Court s 2011 judgment in
Booz Allen and
Hamilton Inc v.
SBI Home Finance Ltd. &