Pre-Institution Mediation is Mandatory: Supreme Court

Pre-institution Mediation is mandatory: Supreme Court

Introduction  In a significant ruling, in the case of Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd., the Hon’ble Supreme Court of India has held that pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 (hereinafter referred as “the Act”) is mandatory in nature and suits not adhering to it would be […]

Historic Acquisition By NTPC Of Jhabua Power Plant

Historic Acquisition By NTPC of Jhabua Plant

Introduction  The recent historic acquisition of the Jhabua Powerplant by National Thermal Power Corporation Limited (NTPC) was followed by a challenge by one of the promoters of the corporate debtors. We will explore the issues involved and the observations by the NCLAT clarifying the law on resolution applications under the CIRP. Facts of the Historic […]

The legal status of Emergency Arbitration in India- Amazon v. Future Retail  

Arbitration

Introduction- Emergency Arbitration   Emergency Arbitration, an issue that came in limelight due to the legal battle that ensued between two corporate giants viz. Amazon and Future Group.    Emergency Arbitration is a mechanism where the parties can seek an urgent interim award before the formation of an arbitral tribunal. An emergency arbitrator is appointed […]