India – Litigation Snapshots.

Indian Parties Can Choose Foreign Seat for Arbitration

In PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited, the Supreme Court dealt with the issue of whether two companies incorporated in India can choose a seat of arbitration outside India…
 

Arbitration Clause Does Not Debar the Court from Entertaining Writ Petition in Appropriate Cases

In the case of Uttar Pradesh Power Transmission Corporation Ltd. v. CG Power and Industrial Solutions Limited, the Supreme Court held that availability of an alternate remedy does not prohibit the High Court…
 

Courts at Seat of Arbitration Have Exclusive Jurisdiction over Arbitral Proceedings

The Supreme Court in M/s. Inox Renewables Limited v. Jayesh Electricals Limited held that parties by mutual agreement can change the venue/place of arbitration, even if such agreement is not in writing but…
 

SC Upholds Constitutional Validity of Provisions Relating to Insolvency of Personal Guarantors

The Supreme Court in Lalit Kumar Jain v. Union of India upheld the constitutional validity of the Notification dated November 15, 2019 issued by the Central Government making personal guarantors liable to insolvency proceedings under the IBC…
 

Claims Not Part of Resolution Plan Get Extinguished on Approval of the Resolution Plan

The Supreme Court in Ghanashyam Mishra and Sons Private Ltd. v. Edelweiss Asset Reconstruction Company Private Limited held that the resolution plan, once approved, stands frozen…
 

Entries in Balance Sheet Amount to Acknowledgement of Debt under Limitation Act, 1963

The Supreme Court in Asset Reconstruction Company (India) Limited v. Bishal Jaiswal held that entries in a balance sheet could constitute an acknowledgement of debt for the purpose of extending limitation…
 

Non-Signatory being Direct Beneficiary and Involved in Contract Can be Compelled to Arbitrate

The Delhi High Court in Shapoorji Pallonji and Co. Private Limited v. Rattan India Power Ltd, held that a non-signatory to the arbitration agreement may be held to be the alter ego of a signatory and, accordingly, may be bound by the arbitration agreement…