K.N. Legal- Advocates & Solicitors

01/04/2019

The Supreme Court has observed that the High Court, while dealing with an application under Section 11(6) of the Arbitration and Conciliation Act, seeking appointment of an 'independent Arbitrator', should first resort to the mechanism in appointment of an arbitrator as per the terms of contract as agreed by the parties.

'It was the duty of the High Court to first resort to the mechanism in appointment of an arbitrator as per the terms of contract as agreed by the parties.'

29/03/2019

Thane District Court restrains Former Raymond Chairman Dr. Vijaypat Singhania and Penguin Publishers from releasing Singhania’s auto-biography

The Thane District Court has restrained former chairperson of the Raymond Group, Vijaypat Singhania, from publishing his autobiography till April 8 this year. Before this, the Bombay High Court had restrained him from publishing the book till March 25 this year.

In an order passed on March 18, a single bench presided over by Justice SK Shinde of the Bombay High Court had directed that Singhania must not publish his autobiography, tentatively titled 'The Incomplete Man', till the time the Thane District Court hears and finally decides the application filed by the Raymond Limited seeking a temporary injunction against the release of the book. The Court had observed that ad-interim reliefs were refused to the Company in October 2018 and thereafter the book has not been published till date. Taking this into account, the Court had injuncted Singhania from releasing his book till the time the Thane District Court decided the Company’ application and requested the Thane Court to hear the application on March 25.

The bench was hearing an application filed by Singhania seeking the transfer of a suit filed against him in the Thane District Court by Raymond Limited. The Court also allowed him to withdraw the application.

Following the Bombay High Court’s order, it is learnt that the Thane District Court has finished hearing arguments on Raymond Ltd.’s application for interim reliefs. In the meanwhile, it extended the order of injunction first to 26.03.2019 on 25.03.2019 on account of the judge’s absence and then to 08.04.2019 on 26.03.2019. On 26.03.2019, the counsel for Singhania submitted that the script has already been handed over for the publication to the publishers who refused to undertake that the book will not be published till the time the order of interim reliefs is passed by the Court. The Court noted that the matter is posted for order on the application for interim reliefs but the manuscript has already been handed over for the publication to Penguin publishers. The Court took this into account and observed that the suit will become infructuous if in case the book is published in the meantime. Accordingly, the Court restrained Singhania and the publishers from publishing the book till the order is passed in the Company’s interim reliefs application.

The matter has now been listed on 08.04.2019.

Raymond Ltd. is represented by K.N. Legal- Advocates & Solicitors led by Kartik Nayar and comprising Sarthak Malhotra and Rishab Kumar.

29/03/2019

The International Chamber of Commerce’s (ICC) young practitioners network for the dispute resolution community has announced its new regional representatives, revealing the most regional and gender diverse group of representatives to date.

ICC Arbitration

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The International Chamber of Commerce’s (ICC) young practitioners network for the dispute resolution community has announced its new regional representatives, revealing the most regional and gender diverse group of representatives to date.

28/03/2019

U.S.: Fourth Circuit directs district court to compel arbitration where agreement contained clear and unmistakable language providing the arbitrator with the power to determine his or her jurisdiction.

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Parties may agree to arbitrate the "gateway" issue of arbitrability. The Fourth Circuit explains how parties can conclude such an agreement.

27/03/2019

U.S.: District court grants motion to compel in accordance with broad clause that provides that an must decide the threshold issue of whether a dispute is arbitrable.

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What are the requirements to determine arbitrability under US federal law? The District Court explained the requirements and compelled arbitration.

26/03/2019

Interested in having some added guidance on a range of tools and techniques when it comes to successfully managing construction ?

Benefit from the recommendations in ICC Arbitration latest report - bit.ly/2TkhFSB

25/03/2019

U.S.: Appellate court reverses trial court order compelling arbitration, finding parties did not enter a valid mutual agreement to arbitrate.

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Does a company email to disseminate company policies and announcements, including an arbitration policy, bind the company's employees to arbitration?

23/03/2019

Undertaking the task to pen our views about a Supreme Court Judge is daunting, not least because Justice AK Sikri was one of the most respected and admired judges of the nation, but also because we realize that the words that adequately describe his nature, humility, integrity, and intelligence may be misconstrued as treading into obsequiousness.

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The former law clerks and research assistants of Justice AK Sikri pen a heartfelt tribute to the former Supreme Court judge.

20/03/2019

K.N. Legal- Advocates & Solicitors wishes everyone a very happy and colorful .

20/03/2019

In a bid to ensure transparency and objectivity, the Delhi High Court has notified The High Court of Delhi Designation of Senior Advocate Rules, 2018.

The Rules follow the direction of the Supreme Court in Indira Jaising‘s petition seeking uniform criterion for Senior Designations.

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In a bid to ensure transparency and objectivity, Delhi HC has notified The High Court of Delhi Designation of Senior Advocate Rules, 2018.

19/03/2019

The Bombay High Court (HC) has extended the deadline till December 31, 2020, for settling the dispute between the National Stock Exchange (NSE) and the Singapore Exchange (SGX) over the trading of Nifty products.

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Both the NSE and the SGX pleaded before the Bombay HC that more time should be granted

18/03/2019

The government is not playing a "proactive role" in making India an international hub, senior advocate Arvind Datar has said.

Read more at :- https://www.business-standard.com/article/pti-stories/govt-not-playing-proactive-role-in-making-india-an-arbitration-hub-datar-119031700407_1.html