Amendment to Investor Grievance Redressal System and Arbitration Mechanism
The SEBI (Securities and Exchange Board of India) has notified a Circular (CIR/CDMRD/DEICE/CIR/P/2017/77) on 11th July amending the Investor Grievance Redressal System and Arbitration Mechanism. The SEBI has issued the circular under Section 11(1) of the SEBI Act 1992, read with Section 10 of the Securities Contracts (Regulation) Act, 1956 to protect the interests of… Read More
Tags: Arbitration, Investor Grievance Redressal System and Arbitration Mechanism, National Commodity Derivatives Exchanges, SEBI
Constitution Of The Bombay High Court™s Tax Bench w.e.f. 10.06.2013
The Constitution of the Tax Bench in the Bombay High Court w.e.f. 10.06.2013 has been announced. The following is the Constitution: 1. THE HON™BLE CHIEF JUSTICE AND THE HON™BLE SHRI JUSTICE M.S. SANKLECHA (COURT ROOM NO. 52) MONDAY TO FRIDAY EXCEPT THURSDAY For admission, final hearing and Interlocutory applications therein:- Original Side Civil Writ Petitions… Read More
Tags: Arbitration, Bombay High Court, Hon, Income tax, Law, Maharashtra, The Honourable, Writ Petition
Arbitration Proceedings A Case Study
Arbitration Proceedings A Case Study Before HON™BLE SOLE ARBITRAL TRIBUNAL PAPER MERCHANTS ASSOCAITION (REGD.) GALI BATASHAN, CHAWRI BAZAR, DELHI-110 006 Preliminary Objections The Respondent had raised following Preliminary Objections. 1. The said application dated 29.10.2012 seeks exclusion of time in computing the period of limitation u/s 14 of the Limitation Act, 1963. This application is… Read More
Tags: Arbitral tribunal, Arbitration, Claimant, Conciliation Act, Delhi, Delhi High Court, Division Bench, Limitation Act, Paper Merchants Association, The Honourable
In order to recover foreign arbitration award, a Company’s name can be restored
Ratio of the Case: Merely because a financial loss would be suffered by the appellant qua the arbitration Awards which had been passed against him would not entitle him to come under the exception seeking a refusal of the restoration of the company. CLR Editorial Note: The appellant was aggrieved by an order wherein an… Read More
Tags: Appeal, Arbitral tribunal, Arbitration, Arbitration award, Civil procedure, Dispute resolution, Law, Singapore
Arbitration Mechanism through Stock Exchanges – Introduction of Automatic Process and Common Pool of arbitrators
CIRCULAR CIR/MRD/ICC/ 8 /2013 March 18, 2013 All Stock Exchanges having nation-wide trading terminals Dear Madam/Sir, Sub: Arbitration Mechanism through Stock Exchanges - Introduction of Automatic Process and Common Pool of arbitrators. SEBI has received inputs from investors regarding functioning of the arbitration mechanism at the Stock Exchanges. In light of which, you are advised… Read More
Tags: Arbitration, Business, Delhi, Investing, Securities and Exchange Board of India, Securities and Exchange Board of India Act 1992, Stock exchange, Trade
Even on the termination of the agreement/contract, the arbitration agreement would still survive
CLR Editorial Note: The main issue in dispute in the present case was whether disputes that have arisen in relation to the termination of the MOU and the consequences thereof, are covered by the arbitration clause in the MOU which clearly provides for resolution of disputes through arbitration. The Supreme Court has held that since the… Read More
Tags: Arbitral tribunal, Arbitration, Arbitration clause, Bangalore, Brussels, Case Laws, Petitioner, September 2009, Supreme Court
Balco Judgment
The Indian Judiciary has always been frowned upon by the foreign investors and foreign lawyers alike, for interfering and delaying the arbitral proceedings having its seat outside India (Foreign Arbitrations). Hitherto, the Indian courts, based on the ratios laid down by the Hon™ble Supreme Court in Bhatia International[1] and Venture Global[2]have been passing orders under… Read More
Tags: Arbitration, Arbitration award, Conciliation Act, Foreign Arbitration, Hon, India, Supreme Court, The Honourable
SEBI | Arbitration Mechanism in Stock Exchanges
Securities and Exchange Board of India CIRCULAR CIR/MRD/ICC/ 29 /2012 November 7, 2012 The Managing Director/Executive Director, All Stock Exchanges. Dear Madam/Sir, Subject: Arbitration Mechanism in Stock Exchanges 1. Reference may be made to circular no. CIR/MRD/DSA/29/2010 dated August 31,2010. In this regard, SEBI has received inputs regarding amount to be deposited by the investors… Read More
Tags: Arbitration, Circular, SEBI
Limitation period for setting aside Arbitral Award
Setting aside arbitral award Limitation for making an application for - Is period of limitation to be reckoned from the date a copy of award is received by the objector or from the date a signed copy is delivered by arbitrator Section 34 The period of limitation for filing an application under section 34 for setting… Read More
Tag: Arbitration
Prerequisites of an Arbitration Agreement
Arbitration and Conciliation Act, 1996 [2010] 98 CLA (Snr.) 1 (P&H) Ramji Bharany and others v. Ambience Developers and Infrastructure (P.) Ltd. First Appeal from Order No. 583 of 2010 (O&M) Decided by the High Court of Punjab & Haryana Rakesh Kumar Jain, J 21st May 2010 (2010-3) 159 PLR 198 Section 7 Arbitration agreement… Read More
Tags: Arbitration, Class action, Federal Arbitration Act, Haryana, Stolt-Nielsen, Supreme Court, Supreme Court of the United States, United States
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