Tag: Civil Procedure
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Fuerst Day Lawson: S. 50 Arbitration Act, and “consolidating legislation”
[Posted by V. Niranjan] On Friday, a two-judge Bench of the Supreme Court (Alam and Lodha JJ.) gave judgment in Fuerst Day Lawson v Jindal Exports [hereinafter “FDL”]. The judgment contains a careful and comprehensive examination of a long line of authorities, and an authoritative analysis of two very important issues in arbitration law and…
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Restraining the Breach of a Negative Covenant
[Posted by V. Niranjan] It is common knowledge that an injunction is granted only if the applicant satisfies the court on the three-pronged test of prima facie case, irreparable injury and balance of convenience. While there is controversy over the scope of some of these elements, notably prima facie case, and over the relationship between…
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Res Judicata, Venture Global and s. 48 of the Arbitration Act
[Posted by V. Niranjan] It was commonly believed until the well-known decision of the Supreme Court in Venture Global that s. 34 of the Arbitration and Conciliation Act, 1996 did not apply to foreign awards. We have discussed at length the subsequent development of the law on implied exclusion and a challenge to a foreign…
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Exclusion of Jurisdiction of Civil Courts under the SEBI Act
[Posted by Mihir Naniwadekar] Legally India has made available certain expert witness statements filed before US Courts in the class action litigation concerning Satyam, which was recently settled. One of the witness statements, by Mr. Sandeep Parekh, makes an interesting point; but I am not entirely sure of the tenability in law of that point. Mr.…
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Res Judicata and Special Statutes
[Posted by V. Niranjan] The rapid proliferation of Tribunals in India has perhaps masked an allied, and yet facially less controversial feature of adjudication – the growth of special statutes and the creation of jurisdictional courts to resolve disputes arising out of those statutes. Facially, no constitutional vice attaches to such statutes – indeed, it…