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Speedy adjudicationis at the heart of arbitration. To achieve this objective which is innate to the very concept of arbitration, the legislature, through a series of amendments has introduced...
The High Court of Bombay has held that an arbitrator's mandate would not terminate when the proceedings are not completed within timelines agreed by the parties, if the delays in the conduct of the...
A single judge has expressed disagreement with a 2023 opinion by another single judge who said that Allahabad High Court cannot entertain such applications since it does not have "ordinary original civil jurisdiction."
The National Company Law Appellate Tribunal (NCLAT) has ruled that former promoters and directors of a company undergoing insolvency are not automatically barred from submitting resolution plans. The decision came as NCLAT set aside an order from the Mumbai bench of the National Company Law Tribunal (NCLT) that invoked Section 29A of the Insolvency and Bankruptcy Code to restrict such individuals from submitting a resolution plan.
No purpose would be served in holding that an application for extension of the arbitrator's mandate cannot be entertained only because it was filed after the expiry of the mandate, the Court opined.