Tag: Section 34
March 5, 2025
Dispute Resolution / Arbitration
Dispute Resolution / Arbitration
Do Courts have the power to Modify Arbitral Awards?
On February 20, 2025, the Supreme Court of India ("Supreme Court") reserved its judgement on whether the powers of a court under Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996 ("Act") extend to the modification of arbitral awards. The Supreme Court, while analysing precedents relating to these Sections, observed that some judgements have emphasized the lack of the courts. ... ...
December 4, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Arbitration Award Granting Damages in Absence of Proven...
The Delhi High Court ("Court") recently set aside an arbitration award that granted damages without proof of loss or injury, on the ground of patent illegality under Section 34 of the Arbitration and Conciliation Act, 1999 ("Arbitration Act") in Indian Oil Corporation Limited vs. M/s Fiberfill Engineers Limited . ...
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October 25, 2023
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
PROOF OF LOSS IS A SINE QUA NON FOR CLAIMING LIQUIDATED...
Recently, in the case of Vivek Khanna vs. OYO Apartments Investments LLP , the Delhi High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act"), by way of which, Mr. Vivek Khanna (the "Petitioner") assailed the award dated March 31, 2023 (the "Impugned Award") passed by the arbitral tribunal comprising of a sole arbitrator. ......
PROTECTING FOREIGN INVESTORS: A FINE BALANCE
In a recent judgement, the Supreme Court ("SC") emphasised on the importance of protecting foreign investments while upholding the rule of law which states that a person is innocent until proven guilty. ...
Served or received, that is the question: an Indian trademark dilemma resolved
In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings. ...
SELF REGULATION IN THE DIGITAL AGE: INDIA’S NEW SELF REGULATORY FRAMEWORK FOR INFLUE...
In recent years, there has been a rapid expansion in the influencer marketing landscape in India, where social media influencers promote products and services across various platforms. This surge has led to challenges surrounding transparency, accountability, and consumer protection. ...
HYPERLINKING A DEFAMATORY ARTICLE: DEFAMATION OR NOT?
In a recent judgment , the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication and therefore give rise to a fresh action for defamation under Section 499 of the Indian Penal Code, 1860. ...
SEBI’s proposed amendment may allow start-up founders to retain ESOPs even after IPO...
The Securities and Exchange Board of India (“SEBI“) issued a consultation paper dated March 20, 20251 (“Consultation Paper“), proposing certain amendments to the SEBI (Share Based Employee Benefits and Sweat Equity) Regulations, 2021 (“SBEB Regulations“), and inviting comments from the public on the same. ...
The Ghibli Effect: Blurring the Lines between Creativity and Copyright
The Ghibli-style trend sweeping through social media has raised key questions around copyright infringement, as discussed in this note. ...
Understanding the Consequences of Negligence in Patent Practices in India
The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ...
Beneficial Ownership Disclosure: Navigating Compliance Challenges in India
In today's world, transparency in business ownership is no longer optional—it is essential and moreover mandatory. The increase in economic crimes such as money laundering, tax evasion, and misuse of corporate structures has prompted regulators around the globe to tighten disclosure norms. ...
The RBI Updated Master Directions on Foreign Investment for 2025
On January 20, 2025, the Reserve Bank of India ("RBI") introduced significant updates to its master directions on foreign investment in India ("Master Directions"). This move aims to provide clarity on various regulatory aspects, particularly concerning downstream investments by Foreign-Owned or Controlled Companies. ...
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