India - Litigation & Arbitration Snapshots.

Legal News & Analysis – Asia Pacific - India - Dispute Resolution

10 August, 2019

 

  • Supreme Court on Ineligibility to be Appointed as Arbitrators

 

The Supreme Court of India (‘SC’) had previously, in the matter of TRF Limited v. Energo Engineering Projects Limited (‘TRF’) held that a person, who is ineligible to be appointed as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), cannot appoint an arbitrator in his or her stead....

 
 
  • Supreme Court Rules on Benami Transactions
     

The SC on May 9, 2019 has set aside an order of the Madras High Court, wherein it had been held that the transaction to purchase the properties that formed the subject-matter of the dispute was benami in nature, given that part of the sale consideration was paid by another person at the time of the purchase of the property...

 
 
  • Supreme Court Upholds a Minority Arbitration Award
     

On May 8, 2019, the SC held that the amendments to Section 34 of the Arbitration Act would apply to appeals filed post the 2015 amendments even if the arbitral proceedings had commenced prior to the date of the amendments....

 
 

 

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