Tag: Civil Procedure
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India’s Retreat from Arbitration: A Wake-Up Call for the Arbitration Community
[Manan Shukla is an Advocate specialising in complex commercial disputes and international arbitration] In June 2024, the Government of India (GoI) issued an Office Memorandum (OM) that marked a significant departure from its prior support for arbitration. The OM proposed removing arbitration clauses from contracts below INR 10 crore, citing concerns regarding costs, delay, arbitrator quality and lack…
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When Arbitration Procedure Becomes Litigation
[Prashant Narang is Deputy Director – Research and Programmes and Renuka Sane is Managing Director at TrustBridge Rule of Law Foundation] Arbitration is meant to be a private, expeditious alternative to court-based dispute resolution. Yet two provisions of India’s Arbitration and Conciliation Act, 1996 (“Arbitration Act”) — section 11 (appointment of arbitrators) and section 29A (extension of time to make an award)…
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Barriers to Enforcing a Foreign Judgment in India
[Umakanth Varottil is a Professor of Corporate Law at the National University of Singapore] In contracts documenting cross-border transactions involving an Indian party, it is common for parties to submit to the jurisdiction of a foreign court. However, once a judgment is rendered by such a foreign court, the beneficiary of the judgment faces several procedural…
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Administrative Transfers Within the NCLT: The Supreme Court on the Scope of Presidential Powers
[Shourya Parihar is a 4th year B.A. LL.B. (Hons.) student at Vivekanand Institute of Professional Studies, Guru Gobind Singh Indraprastha University, New Delhi] The Supreme Court has agreed to look into an institutional question concerning the National Company Law Tribunal(NCLT). The issue is narrow, yet its implications are substantial. At its centre lies is the extent of the…
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Resolving Without Deciding: Disputed Assets and Insolvency Jurisdiction After Gloster
[Anamika Singh and Tarun Chittupalli are 3rd year B.A. LL.B. Hons. students at National Law Institute University, Bhopal] In a recent decision in Gloster Limited v. Gloster Cables Limited (22 January 2026), the Supreme Court examined the scope of the National Company Law Tribunal’s (NCLT) jurisdiction under section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC). The Court was called…
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Third-Party Funding as Catalyst for Effective Avoidance Recoveries under IBC
[Naman Aggarwal is a 5th year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow] The Insolvency and Bankruptcy Code, 2016 (IBC) has transformed India’s legal regime on addressing corporate distress by prioritising timely revival, value maximisation and fairness to creditors. Since its introduction, the IBC has effected the resolution of stressed assets…