Tag: Arbitration Act

Supreme Court allows retrospective application of the amended S.29-A of the Arbitration and Conciliation Act, 1996

Tuesday April 4, 2023. BY Arbitration Team | Arbitration and Conciliation

The Hon’ble Supreme Court (“the SC”) in the matter of Tata Sons Pvt. Ltd. (Formerly Tata Sons Ltd.) versus Siva Industries and Holdings Ltd. & Ors. settles law on retrospective applicability of amended S.29A of

Assignee can invoke arbitration clause Bombay High Court

Assignee, having stepped into the shoes of the assignor, can invoke arbitration clause: Bombay High Court.

Thursday March 9, 2023. BY Aaushi Doshi | Arbitration and Conciliation

In a recent order,in the matter of M/s. Siemens Factoring Private Limited v. Future Enterprises Private Limited[1]the Hon’ble Bombay High Court (“the Court”) held that an assignee, though not a party but having stepped into

Once the reference under MSMED Act is filed, it would override invocation of arbitration by other party: Bombay High court

Wednesday February 1, 2023. BY Nidhi Singh (Associate Partner) & Chitrang Gamoth (Associate) | Arbitration and Conciliation

The Hon’ble Bombay High Court in a recent order passed on 24th January 2023 has ruled that the ongoing dispute filed under the provision of Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act,

HC: Section 47 of CPC Cannot Be Applicable While Executing Arbitral Awards States Tripura High Court

Wednesday January 4, 2023. BY Civil Team | Arbitration and Conciliation

The Hon’ble High Court of Tripura in its recent judgment1 passed on December 2022 held that Section 47 of the Code of Civil Procedure, 1908 (“CPC”) is not applicable to the execution of an arbitration

SUPREME COURT: MSMED Act, 2006 being special statute shall prevail over Arbitration Act, 1996 in case of apparent conflict: “generalia specialibus non derogant” (General laws do not prevail over Special laws)

Tuesday November 8, 2022. BY | Arbitration and Conciliation

The Hon’ble Supreme Court in its landmark judgment dated 31st October 2022 clarified that the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) is a special law. It has an effect overriding