Arbitration

Indian parties can choose a foreign seat of arbitration

The Supreme Court in PASL Wind Solutions Private Limited vs. GE Power Conversion India Private Limited[1] has ruled that two companies incorporated in India can choose a forum for arbitration outside India. It also ruled

Insolvency and Backruptcy

Balance sheet entries can amount to acknowledgement of debt under Section 18 of Limitation Act

The Supreme Court in Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal & Anr.[1] has ruled that entries in balance sheets can amount to acknowledgement of debt for the purpose of extending limitation under Section

Insolvency and Backruptcy

NCLT has limited jurisdiction, cannot substitute any commercial term of resolution plan approved by Committee of Creditors

The Supreme Court in Jaypee Kensington Boulevard Apartments Welfare Association & Ors. vs. NBCC (India) Ltd. & Ors.[1] has issued a significant judgment on the powers and jurisdiction of the National Company Law Tribunal (NCLT)

Insolvency and Backruptcy

Section 14 of Limitation Act applies to application under Section 7 of I&B Code

The Supreme Court in Seth Nath Singh & Anr vs. Baidyabati Sheoraphuli Co-operative Bank Ltd & Anr[1] has ruled that an applicant under Section 7 of the Insolvency and Bankruptcy Code (“I&B Code”) can claim

Article 137 of Limitation Act

Limitation period for filing application under Section 11 of Arbitration Act governed by Article 137 of Limitation Act

The Supreme Court in Bharat Sanchar Nigam Ltd. & another vs. M/s Nortel Networks Pvt. Ltd.[1] has held that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation

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