corporate law

In most of the countries, if an intention of the party to go for arbitration can be traced from the dispute resolution clause between the parties, that clause is treated as a valid Arbitration clause. If there are dispute resolution clauses providing both the mechanisms of courts as well as arbitration, a narrow interpretation is given by the courts to give effect t..

A country can never be developed until it is free of corruption and the only strategy to control corruption is implementing the laws strictly. As we know that Government of Indian with the help of various Ministries and departments is trying to implement laws strictly. As per the Press Information Bureau dated 5th November, ..

The first ever order under section 3(1) of the Competition Act, 2002 (Act), Ramakant Kini v. Dr. L.H. Hiranandani Hospital, Powai, Mumbai (Hiranandani),[1] has witnessed its fair share of controversy since the Competition Commission of India (Commission/ CCI) laid the precedence fo..

Stock Exchange Board of India (hereinafter referred as 'SEBI') has setup up committee under the chairmanship of Shri Uday Kotak, Executive Vice Chairman and Managing Director of Kotak Mahindra Bank on 2nd June, 2017, to advice on issues relating to corporate governance. The committee was further ..

The globally recognized foundation of arbitration is “party autonomy” because parties come forward to waive off their rights to approach the national courts. Party autonomy is not a simple decorative phrase; it is almost absolute in nature. The concept of party autonomy empowers parties with the right to decide the number of arbitrators,..

India has amended its procedural law, Arbitration and Conciliation Act,1996 by an amending Act, Arbitration and Conciliation (Amendment) Act,2015 with effect from 23rd October 2015. The said amending Act brought in the requirement of Arbitrators declaring their relationship with the Parties to the Arbitration as well as counsels & Law firms appearing in the Arbi..

Company form of organization is well recognized Corporate Entity and developed form of business set up throughout the globe. The Companies Act, 2013 has brought major changes by increasing regulatory framework along with higher Professional Accountability and expertise. Apart from well recognition by law, estab..

2015 Amendment Act to the Arbitration and Conciliation Act,1996 brought in many changes to ensure impartiality and independence of the Arbitrators. The above said Amendment Act, came into force on 23rd October 2015. The Amendment Act brought in a mandatory d..

In India Arbitration and Conciliation felids are governed by Arbitration and Conciliation Act,1996 (The Act). The said Act determines the procedural aspect of Arbitration and Conciliation proceedings seated in India including the confidentiality of the docum..

In light of the ongoing practices by shell companies of getting entry into the stock market and becoming a helping hand for money laundering and frauds, The Securities and Exchange Board of India is planning to tighten the current listing criteria for companies. At present, the minimum post issue capital requirement of an appli..

This article is written in relation to recent MCA notices for the disqualification of directors under section 164 (2) of the Companies Act. Efforts have been made to make reader understand the section 164 along with section 167 of the Act. Notice appears on MCA website: st..

Relaxation in compliances for Shifting of Registered Office within the same State from the jurisdiction of one Registrar of Companies to another The Ministry of Corporate Affairs (MCA), in exercise of the powers conferred by section 469 of the Companies Act, 2013, has substituted Rule no.28 of Companies (Incorporat..

Protection under the Constitution of India Part XIII of the Constitution of India contains provisions relating to the freedom of trade, commerce and intercourse within the territory of India. The provisions are laid down in articles 301-307. Just as the Legislature cannot take away individual free..

The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried. - Sandra Day O'Connor Introduction p style="text-align:justi..

In a recent Judgment Union of India Vs Vodafone Group PLC United Kingdom (2017) SCC Online Delhi 9930 dated 22nd August 2017, Delhi High Court granted injunction restraining Vodafone Group PLC United Kingdom from taking any action in furtherance of the notice dated 15th June 2015 and notice of Arbitration dated 24th January 2017, investment arbitration initiated und..