Sajai Singh

Bombay High Court - Division Bench important judgment - Important judgment on the failure of basic process in adjudicating the dispute, manner of drawing conjectural and arbitrary conclusions amounting to patent illegality by the Ld. Arbitrator against the basic notions of justice and the fundamental policy of Indian Law. #bombayhighcourt #arbitration #arbitralaward #patentillegality #legaldeli https://lnkd.in/dhEM8TJs

1

IndusLaw Expands Banking & Finance Practice with New Partner Nitika Jain in Mumbai Office Read more: https://lnkd.in/ePb5x3cD #thecourtroom #banking #finance #partnersmovement #induslaw

1

1 Comment

In a recent landmark judgment, the Sikkim High Court emphasized the necessity of a party's willingness to perform contractual obligations for enforcing specific performance. This case highlights the critical distinction between readiness and willingness in contract law. #ContractLaw #LegalUpdate #SikkimHighCourt #SpecificPerformance #LegalInsights

4

Clarifying Legal Boundaries: Key Takeaways On Arbitration Limitation Periods In Current Practice Authored by: Gunita Pahwa, Joint Managing Partner & Shikhar Agarwal, Principal Associate, S&A Law Offices Read More: https://lnkd.in/gSrBcWpw Annurag Batra Ashima Ohri BW Businessworld exchange4media #LawFirm #LegalNews #Arbitration

50

Here comes your reading material for the #digitalcoffeebreakinarbitration of the day ☕ In case you have missed "The Delhi Arbitration Week 2024", held from March 6 to 10, check out the summary by Rimali Batra, Garv Malhotra, Eshan A. Chaturvedi and Arnab Ray "Delhi Arbitration Weekend 2024: Spotlight on State Owned Entities and the Role of Technology in Arbitration". Two key panel discussions exploring emerging issues in arbitration were the key drivers of the discussions: The first panel, "The State of Arbitration – Navigating an Arbitration Involving State-Owned Entities," highlighted challenges faced by state-owned entities (SOEs) and proposed strategies to minimize disputes. The second panel, "Keeping Up with the Tech – Exploring the Interplay of Technology & Arbitration," examined the role of technology and AI in arbitration proceedings. The discussions emphasized the need for caution in utilizing technology and AI, recognizing its potential to transform arbitration while maintaining a balance between human expertise and technological assistance. https://lnkd.in/dfUwsK8w #digitalcoffeebreakinarbitration #digitalarbitration #digitalcoffeebreak

21

6 Comments

DELHI HIGH COURT HOLDS SETTLEMENT AGREEMENT INCONCLUSIVE AS PARTIES EXCHANGED SUBSEQUENT CORRESPONDENCES REGARDING CONTRACTUAL DISPUTES INTRODUCTION A Single Judge Bench of the Hon’ble Delhi High Court comprising of Hon’ble Justice Neena Bansal Krishna in the case of GAE Projects (P) Ltd. v. GE T&D India Ltd. (in two matters ARB. A. (COMM) NO.38/2019, I.A. 17 854-17855/2019; ARB. A. (COMM.) 39/2019, I.A. 17857-17858/2019), vide judgment dated 15.07.2024, observed that if a settlement agreement visualizes works to be completed in the future under a particular contract and subsequent correspondences are exchanged between the parties about future work and payments etc arising out of such contract, it would imply that such settlement agreement is not final and that it has not conclusively resolved the disputes between the Parties. Read more: https://lnkd.in/gAzVe9T9 #dispute #commercial #arbitration #contract

1

Our Partner, Madhurima Mukherjee, was interviewed by VCCircle’s Aman Malik. Madhurima shared her insights on the bullish mood in India's IPO market and how the capital markets regulator, the Securities and Exchange Board of India, is becoming more vigilant in protecting investors’ interests. Please click here to read the interview: https://lnkd.in/giBEa_aF #jsa #leadinglawfirm #leadinglawyers #CapitalMarkets #IPO #SEBI

84

1 Comment

Our Senior Partner, Sumit Ghoshal, Partners, Aman Gera and Shagun Badhwar, and Associate, Somya Pant, write on the order passed by the Supreme Court of India in the matter of Indian Medical Association & Anr. v. Union of India & Ors. (Writ Petition (Civil) No. 645 / 2022) ("Order") which has caused a massive stir in the recent past and has far reaching implications for the entire advertising ecosystem. The Order, amongst other things, deals with the issue of misleading advertisements and responsibility of advertisers, advertising agencies and endorsers. In their article "Self-Declaration for Advertisements – Genuine Safeguard or Cosmetic Compliance?", our authors have provided insights into the directions passed in the Order vis-à-vis the mandate of self-declaration for advertisements, corresponding impact on the relevant stakeholders and its usefulness in combating misleading advertisements.   Please click on the following link to read the article: https://lnkd.in/dr_tJCBE   #advertising #selfdeclaration #misleadingadvertisements AZB & Partners

102

1 Comment

Insights Success magazine gladly features LEGAL IntelliZence led by Adv. Abhinav S. Raghuvanshi, AOR Supreme Court of India, is a steadfast commitment to understanding each client’s unique needs, ensuring personalized attention and tailored strategies that ensure success and foster strong, lasting relationships. Read More: https://shorturl.at/o2Wvf #AbhinavRaghuvanshi #LawyersOfIndia #IndianLawProfessionals #LegalExcellence #DynamicLawFirms #LawFirmLeaders #LegalInnovation #TopBusinessMagazine #BusinesseMagazine #IndianEntrepreneursSuccessStories

16

Our Managing Partner, Abhinay Sharma, an Advocate-on-Record, Supreme Court, was recently quoted by Economic Times in an article titled "NLP to make India an arbitration hub" Abhinay Sharma, MCIArb The Economic Times #litigationpolicy #India #arbitration Read more at: https://lnkd.in/g2TwgkYp"

8

Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appeal In a recent ruling, the Delhi High Court upheld the decision to refuse CEAT Limited’s trademark application for “FARMAX.” Citing significant delay and potential confusion with existing marks, the Court dismissed the appeal. The decision underscores the importance of timely action and highlights the necessity for distinctiveness in trademark applications. #BananaIP #IntellectualProperty #Trademark #CEAT #DelhiHighCourt #Farmax https://lnkd.in/gPSGp8x2

1

Zeeshan Khan, Partner, Mallika Jain, Senior Associate, and Anubha Pandey, Associate, Krishnamurthy & Co. (K Law) have authored an article on “An Analysis of the Provisioning Norms under the RBI’s Draft Framework on Project Financing” for The Legal 500 The Reserve Bank of India (RBI) introduced the Prudential Framework for Resolution of Stressed Assets on June 7, 2019, to incentivize early recognition and resolution of stressed assets. However, this framework excluded projects delayed in their commercial start date. To address this, on May 3, 2024, the RBI issued a Draft Prudential Framework for Income Recognition, Asset Classification, and Provisioning for Advances for projects under implementation, seeking stakeholder feedback to better manage project financing risks. Read more at: https://lnkd.in/dHfkgvFM #RBI #StressedAssets #FinancialRegulations #ProjectFinancing #PrudentialFramework #BankingReforms #StakeholderFeedback 

36

**Delhi High Court Extends Arbitral Tribunal's Mandate in Glowsun Powergen Case** In a recent ruling, the Delhi High Court extended the mandate of an Arbitral Tribunal by one year in the case of Glowsun Powergen Private Limited vs Hammond Power Solutions Private Limited, even after its expiration. This decision reinforces the court's authority under Section 29A of the Arbitration and Conciliation Act, 1996, to grant such extensions when there is "sufficient cause." In this instance, the court recognised the considerable time and resources already invested in the arbitration proceedings as a justifiable reason for the extension. This judgment sets a notable precedent, emphasising the court's flexibility and discretion in balancing procedural adherence with practical considerations to ensure arbitration remains an effective dispute resolution mechanism in India. It underscores the judiciary's commitment to facilitating fair and efficient arbitration processes while upholding the interests of all parties involved. Read this article by Aditya Ojha & Kripal Ghosh: https://lnkd.in/gJTFR4EX #Arbitration #DisputeResolution #DelhiHighCourt #Law #Legal

16

Mergers and acquisition deals valued over ₹2,000 crore will be reviewed by the Competition Commission of India (CCI) if the target company has substantial business operations in India. Our Partner (Head - Competition Law) Avaantika Kakkar shares her views on this in an article published by The Telegraph. Read it at: https://lnkd.in/gm7afsHA #CCI #MergersandAcquisitions #DealValueThreshold

75

1 Comment