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Charul Mishra

VOILA! LET’S ARBITRATE! BLOG POST-9:Award them with the Award!

We have finally come to the that point for which we actually started to understand the complete process of International Commercial Arbitration. That is… The Arbitration Award!! After considering all…

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VOILA! LET’S ARBITRATE! BLOG POST-8: ARBITRATION PROCEEDINGS ABOUT TO HAPPEN!

Now we have arrived to the most important part in the process of International Commercial Arbitration i.e., the Arbitration Proceedings. Since we have come this far, I think it is…

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VOILA! LET’S ARBITRATE! BLOG POST-7: ARBITRATORS AND THEIR APPOINTMENT

So today we are going to talk about the appointment of arbitrators in an International commercial arbitration. In any kind of Arbitration with its seat in India, parties are free…

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Voila! Let’s Arbitration! Blog Post-6: How to get interim relief in International Commercial Arbitration?

In practice, the parties to a dispute often feel the need for interim measures in connection with an international commercial arbitration. Interim relief or measures, which are also known as…

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VOILA! LET’S ARBITRATE! BLOG POST-5: Send ‘EM THE NOTICE OF ARBITRATION.

Since we have already understood the meaning of International Commercial Arbitration and the basic process of conducting any commercial arbitration, we can now start with how a party can invoke…

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VOILA! LET’S ARBITRATE! BLOG POST-4: ARBITRABILITY BEFORE ARBITRATION.

Before initiating any arbitration process, there is a need to understand and figure out whether the subject matter of the dispute is Arbitrable or not. Till this day, the courts…

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Evolution and Process of International Commercial Arbitration in India

Let’s take a small example. Mr X and Mr O had come into an agreement and signed a contract wherein Mr X had to deliver a decided quantity of goods…

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Voila! Let’s Arbitrate! Blog Post-2: What is International Commercial Arbitration?

Now, Before going into the process of how any international commercial arbitration takes place and what are the technicalities involved and procedure followed while a party intends to go for…

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Voila! Let’s Arbitrate! Blog Post-1: What Arbitration? Why Arbitration? How Arbitration?

Let suppose there are two companies namely ‘X’ Private Limited and ‘Y’ Corporation. X is engaged in the business of production of Wooden Plies while Y is in the manufacturing…

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Voila! Let’s Arbitrate!: Weekly Blog and Podcast Series on International Commercial Arbitration.

Hello Readers, Welcome to the Voila! Let’s Arbitrate Blog Post!! I hope you are safe and healthy. With the increasing cross-border transactions and business, the parties prefer arbitration as their…

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Corporate Veil

Managing Director cannot be made liable for the unaccounted Income of the Company: Income Tax Appellate Tribunal, Mumbai.

In the recent case of ITAT, Mumbai Bench, the tribunal held that the Managing Director is not liable for the undisclosed and unaccounted income of the company. According to the…

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When there is a dispute with respect to interpretation of law, any concealment of facts or malafide intention cannot be alleged: CSETAT, Ahmedabad.

Recently, in a case, the Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad held that when there is a dispute with respect to interpretation of law, the malafide intention or…

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Under Rule 25 of the Central Excise Rules, 2002, the Raw material is not liable to be confiscated: CESTAT, Delhi

In a recent case, the Delhi bench of Customs, Excises and Service Taxes Appellate Tribunal held that the raw material cannot be confiscated under Rule 25 of the Central Excise…

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Tax Exemption cannot be disallowed under India-Austria Double Taxation Avoidance Agreement only for want of Tax Residency: ITAT Hyderabad.

In the recent case of ITAT, the tribunal held that the exemption cannot be disallowed under India-Austria Double Taxation Avoidance Agreement (DTAA) only for want of Tax residency certificate. According…

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Telangana High Court imposes litigations costs on the Assessing Officer for non-consideration of evidence during assessment.

In the recent case by the Telangana High Court, the Assessing Officer was charged with litigation costs for not considering the evidence filed by the petitioner. According to the facts…

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Delhi HC allowed deduction on account of employment given to new workmen.

In a recent matter of Delhi High Court, it was observed that the deduction can be made on the account of employment given to new workmen. According to facts of…

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The Certificate or Memorandum showing that the company is an MSME is required to take the benefit under Section 240 A of IBC: NCLAT

In the recent case of National Company Law Appellate Tribunal has held that the MSME certificate is required to take benefit of Micro Small and Medium Enterprises under

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The Tribunal does not have the power to review its order just for reappreciation of the facts and contentions of the case: ITAT Hyderabad.

Recently, in a case, the Income Tax Appellate Tribunal, Hyderabad Bench observed that the power to review its own order undersection 254 of the Income Tax Act, 1961 would not…

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Constructive possession must be attributed of incriminating material seized from personal assistant of Assesses: High Court of Madras.

According to the facts of this case, M/S S.R. Trust is a public charitable trust and is enjoying exemption under the Income Tax Act, 1961. It is running a hospital…

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Companies to be given reasonable right to be heard before the registrar goes for inspection and investigation of the company: Delhi HC

Recently, in case in Delhi High Court, it was held that the registrar should give the company an opportunity to be heard and inform them of the allegation before calling…

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supreme court

Balance Sheet can be considered as acknowledgement of debts under Section 18 of the Limitation Act: Supreme Court.

In the recent case of Asset Reconstruction Company v. Bishal Jaiswal, the major issue of that case was whether the judgement given by the

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NCLAT does not have power to stay the hands of the High Court of hearing a Section 9 petition or any other plea under Arbitration Act.

In the recent case, the Bombay High court stated that NCLAT has no power to stay hands of the High Court in hearing Section 9 petition or any other plea…

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In a PIL seeking establishment of Transgender Welfare Board and Committee to investigate ross abuse against the transgender people, the Supreme Court issues notice.

In a recent PIL filed in the Supreme Court seeking the establishment of the Transgender Welfare Board to address social welfare issues of a trans person and to appoint a…

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Victim is not a necessary party to a criminal appeal from conviction for offences against women or child under POCSO or other statutes.

Recently, in the case of Ganesh Das v. State, the High Court of Calcutta, the legal rights, eligibility and interest of a victim, in the course of an appeal against…

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