ANOOP
Applicable Law to the Contract, Arbitration Agreement and Arbitration Procedure
As could be expected, international arbitration's usually arise out of cross-border commercial transactions involving a complex interaction of laws. There are many issues—from the capacity of the parties to sign a contract to the recognition and enforcement of an award—that require the application of different laws and rules in order to resolve the dispute properly.… Read More
Critical Analysis and over all effect of Interplay between SICA1985 & SARFASI ACT,2002
As in M/S Madras Petrochem Ltd.& Anr vs Bifr & Ors in this case Hon ble Supreme Court decided a interesting questions on the interplay between the Sick Industrial Companies (Special Provisions) Act, 1985 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and overall position and effect under… Read More
Government Discretionary power under I.D.ACT 1947 for reference of Industrial disputes.
1.As in the case of State of Bombay vs KP Krishnan SC while explaining government discretionary power while referring a dispute SC said “Chapter III which consists of ss. 10 and 10A deals with reference of dispute to Boards, Courts or Tribunals. Section 10(1) provides that where the appropriate Government is of opinion that any… Read More