ARBITRATION LAW
US renews call on China to stop aggressive actions in disputed sea, where hostilities have flared
The United States, alongside key allies like Japan and Australia, has strongly condemned China's aggressive actions in the South China Sea, particularly its recent confrontation with the Philippines. The incident, where Chinese coast guard vessels rammed and destroyed Philippine navy ships, has escalated tensions in the disputed region. The international community, backed by interconnected alliances, calls on China to respect maritime laws, cease harassment of Philippine vessels, and uphold freedom of navigation for all states operating lawfully in the area. This unified stance aims to uphold a rules-based order and safeguard regional stability amidst ongoing territorial disputes.
India must reflect & implement essential reforms to strengthen the arbitration process
The recent finance ministry notification in India has raised concerns by discouraging automatic arbitration clauses in procurement contracts. The move aims to address the unsatisfactory experience of the Government of India (GoI) in arbitration and promote mediation or court resolution for disputes. This decision has sparked a debate on the effectiveness of alternative dispute resolution methods and their impact on business dealings, particularly with global companies.
Philippines says June 17 South China Sea incident 'most aggressive' recent Chinese action
The Chinese Coast Guard's actions against Philippine vessels conducting a routine resupply mission to the Second Thomas Shoal in the South China Sea last month were deemed by a senior Philippine navy official as the "most aggressive" in recent history. Rear Admiral Roy Vincent Trinidad, spokesperson for the Philippine navy on South China Sea matters, characterized the maneuvers as deliberate, planned, and escalatory. The incident on June 17 resulted in a Philippine sailor being seriously injured due to what the military described as intentional high-speed ramming by the Chinese Coast Guard.
Law firm IndusLaw’s partner Padmaja Kaul to join JSA with three-member team
Padmaja Kaul, a partner specializing in litigation and dispute resolution at IndusLaw, is poised to transition to J Sagar Associates (JSA) along with her team of three lawyers. This move marks the second significant transfer to JSA from a full-service law firm. Last month, Iqbal Khan and Ambarish, former partners at Shardul Amarchand Mangaldas & Co (SAM & Co), also joined JSA, bringing with them a team of approximately 18 members.
As new criminal laws come into effect, here's what experts think of their impact on legal system
It is said that these laws will affect a large number of citizens at some point in time or the other in their lives. The passing of the three criminal law bills in Parliament last year sparked a series of debates regarding the need to take such steps towards evolution in the field of law with the introduction of new criminal laws.
Facebook owner Meta respects the law only when it suits, says Australia minister
Australia's financial services minister said that Meta, owner of Facebook and WhatsAPP sees itself above the law, harming economies and democracy worldwide with its anticompetitive actions. Assistant Treasurer Stephen Jones criticised Meta's behavior as a "corporate bully," especially its stance on licensing deals with Australian news media. After Canada introduced a similar law in 2023, Meta blocked links to news content in the country.
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SC stays NCLAT's order initiating insolvency proceedings against Purvanchal Vidyut Vitran Nigam
A vacation Bench of Justice Sanjay Kumar and Justice Augustine George Masish also issued a notice to its operational creditor S.R.V. Techno Engineering and posted the matter for further hearing on July 26.
After years in work, law ministry clears fresh litigation policy document
The Union Law Ministry has finalized the National Litigation Policy, aimed at speeding up the resolution of pending court cases. Law Minister Arjun Ram Meghwal signed the document immediately after assuming office, emphasizing faster justice in all court levels. The policy, part of Modi 3.0’s 100-day agenda, will be presented to the Union Cabinet soon for approval.
China Coast Guard rules the waves and waives the rules
China intimidated Taiwan yet again with its large-scale Joint Sword-2024A exercise on 23-24 May. This saw People's Liberation Army (PLA) and CCG assets surround Taiwan and its outlying islands, underscoring the threat of a future Chinese quarantine or blockade of Taiwan.
Suspended board of Jaiprakash Associates moves NCLAT, challenges insolvency proceedings
Jaiprakash Associates' suspended board challenged NCLT's order for insolvency proceedings, with the matter listed before NCLAT. NCLT admitted ICICI Bank's plea on June 3, appointing Bhuvan Madan as Interim Resolution Professional. Despite JAL's claims of liquidity crunch and asset-rich status, NCLT upheld the insolvency decision. The tribunal also dismissed JAL's objections regarding debt restructuring and asset transfers.
Need to ensure arbitration institutions are not controlled by "self-perpetrating clique": CJI
Speaking at the Supreme Court of the United Kingdom, Chandrachud said now is the time for countries such as India to step up to the occasion to create and promote a culture of commercial arbitration and the robust institutionalisation of arbitration will further the culture of arbitration in the Global South.
Yuvraj Singh sends notices to real estate firms for infringement of privacy, delayed home possession
According to the notice, the cricketer had booked a dwelling unit in 2020 at Hauz Khas, New Delhi in one of the projects of a real estate firm. M/s Brilliant Etoile Private Limited and M/s Uppal Housing Private Limited are the noticees in one of the legal notices pertaining to the delayed possession of the dwelling units.
Philippines sends ships to disputed atoll where China building 'artificial island'
Philippines monitors China's activities in the South China Sea, focusing on small-scale reclamation at Sabina Shoal. National security adviser calls for expelling Chinese diplomats. Permanent Court of Arbitration's ruling challenges China's claims.
Bankruptcy court admits insolvency plea against listed firm India Steel Works
The Mumbai NCLT admits India Steel Works Ltd for insolvency resolution following an application by Stecol International Pvt Ltd. Vallabh N Sawana appointed as interim resolution professional. India Steel Works plans to appeal at NCLAT for urgent relief. Tribunal prohibits legal actions against India Steel Works, restraining asset disposal. Stecol International approached NCLT after India Steel Works defaulted on dues of Rs 2.6 crore.
China military says it 'drove away' US destroyer in South China Sea
China's military closely monitored and "drove away" USS Halsey that entered the territorial waters of Paracel Islands in the South China Sea on May 10, the Southern Theater Command of the People's Liberation Army said in a statement on Friday.
South China Sea: Why are China and Philippines tensions heating up?
An escalating diplomatic row and maritime incidents between China and the Philippines have heightened tensions in the South China Sea. China's assertive claims over disputed features within the Philippines' exclusive economic zone, despite an international court ruling against them, have led to confrontations, including dangerous encounters at sea. International condemnation of China's actions has prompted the Philippines to adopt a firm stance and seek support from allies like the United States and Japan, while refraining from invoking the Mutual Defense Treaty to avoid escalating the conflict.
Very little left to sell in Go First with planes gone
On Friday, the high court asked the Directorate General of Civil Aviation (DGCA) to deregister and hand over all the 54 planes to lessors. It also directed the resolution professional (RP) to provide all information regarding the airline to the lessors while restraining the airline from taking away any documents or spare parts from the planes.
Go First revival chance fades as lenders, bidders spar on valuation
A Delhi High Court order on Friday allowing lessors to repossess their aircraft has further dented hopes of reviving Go First, they said. Ajay Singh, promoter of SpiceJet, and an entity owned by Nishant Pitti-owner of online travel portal EaseMyTrip had jointly bid for the airline. The second bid is from Sharjah-based Sky One.
Byju's seeks arbitration in dispute with investors; NCLT adjourns hearing to April 23
During Thursday's proceedings, the NCLT noted that it would be a “blatant violation” of its interim order dated February 27 if Byju’s has issued shares to investors for the rights issue before completion of the increase in authorised share capital.
Philippines summons China envoy over standoff, dares Beijing to seek arbitration
The Philippines has summoned China's envoy to protest against "aggressive actions" in the South China Sea, accusing China's coastguard of using water cannon against a civilian boat supplying troops at the Second Thomas Shoal. The Philippines accused China's coastguard of damaging the boat and injuring some crew members. The Philippines has called China's interference in its exclusive economic zone (EEZ) unacceptable and demanded Chinese vessels leave the area.
Arbitration preferred over litigation: Survey
Conducted by law firm Khaitan & Co, the survey, which focused on the experience of parties rather than advocates and experts involved in domestic arbitration in the country, asserted that most arbitrations take 24 to 36 months to complete while a majority wanted the exercise to be over within 12 months.
SC suggests the Parliament bring amendment to the Arbitration and Conciliation Act, 1996
The Supreme Court suggests amending the Arbitration and Conciliation Act, 1996 to include a specific time limit for appointing an arbitrator. It ruled in favor of the Afghanistan-based company and appointed Justice Sanjay Kishan Kaul as the sole arbitrator.
Sepco moves SC against quashing of arbitral award in GMR co case
While the arbitral tribunal had asked GMR Kamalanga Energy in 2020 to pay ₹1,100 crore to Sepco Electric, the Orissa High Court in September last year set aside the arbitration award on the grounds that the tribunal had created a new contract for the parties "by not only re-writing large portions of the same but also disregarding certain explicit embargoes therein, which goes against the basic notions of justice".
Panel recommends faster disposal of cases among changes to arbitration regime
An expert panel on arbitration has proposed changes to the current regime, including disposal of cases within 60 days, specialised arbitration benches, and setting up an investment court. It recommended updating the law to reflect global practices and incentivising institutional arbitration. The panel stressed the need for reliable arbitral institutions, adoption of technology, and institutional mechanisms in arbitration.
Panel headed by former law secretary Vishwanathan submits report on arbitration reforms
An expert committee, headed by former law secretary T K Vishwanathan, has submitted a report on arbitration sector reforms to the law ministry. The committee recommends amending the Arbitration law to give courts the power to set aside or vary arbitration awards. However, industry representatives are critical of the proposed changes, particularly the deletion of the fee schedule and the lack of limits on the number of arbitrations an arbitrator can handle, which could lead to delays in award decisions.
Zee-Sony Row: Sony 'disappointed' after SIAC allows Zee to approach India tribunal over merger dispute
The company said it was disappointed by the decision but it was a procedural one ruling only whether Zee could pursue its application with the company law tribunal.
Zee-Sony Tussle: The test of arbitration law
Zee-Sony Deal: The broken Zee Entertainment - Sony Group merger plan has led to intriguing developments on the legal front. Japan's Sony invoked the arbitration clause and sought $90 million from Zee for breach of the merger agreement. Zee, on the other hand, approached the National Company Law Tribunal seeking an order for Sony to merge as approved by the Tribunal. These actions are creating more complexities in the deal, but they can lay the grounds for a solid legal framework for dispute settlement.
SIAC to begin hearing in Sony-Zee arbitration matter on January 31
The Singapore International Arbitration Centre will hold online hearings for the arbitration case filed by Culver Max Entertainment and Bangla Entertainment against Zee Entertainment Enterprises over alleged merger agreement breaches. Sony terminated the merger agreement on January 22 and demanded a $90 million termination fee. Zee disputes the allegations and urges withdrawal of the termination notice.
New plot: Zee, Sony launch legal war
Sony Group companies Culver Max Entertainment and Bangla Entertainment (BEPL) initiated arbitration proceedings against Zee Entertainment Enterprises before Singapore International Arbitration Centre (SIAC), while Zee, denying charges, approached National Company Law Tribunal (NCLT) in Mumbai, seeking directions that the merger scheme, previously approved by the forum, be implemented.
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