Page 6 - Arbitration
After Voda arbitration, now Cairn expects $1.4 bn in losses from retro tax demand
British oil explorer Cairn Energyon Tuesday said it was seeking from the Indian govt Rs 10,300 cr in losses arising from the expropriation of its investments to enforce a retrospective tax demand.
 "After Voda arbitration, now Cairn expects $1.4 bn in losses from retro tax demand")
Vodafone conundrum and India's tax regime
The international court's ruling shows that a law amended by India's parliament has remained only on paper
 "Vodafone conundrum and India's tax regime")
Centre to contest Vodafone arbitration award, reach out to global funds
The finance ministry is certain that whenever the company approaches an Indian court with a request for the enforcement of the award, it shall be opposed
 "Centre to contest Vodafone arbitration award, reach out to global funds")
End Vodafone saga
Pursuing the matter further will affect investment climate
 "End Vodafone saga")
Rs 20,000 cr tax dispute: Vodafone wins arbitration case against India
The Permanent Court of Arbitration in The Hague ruled that conduct of India's Income Tax Department is in breach of 'fair and equitable' treatment
 "Rs 20,000 cr tax dispute: Vodafone wins arbitration case against India")
NSE, Singapore bourse to end arbitration case, finalise derivatives tie-up
The launch date for the new NSE IFSC-SGX Connect has not been decided yet
 "NSE, Singapore bourse to end arbitration case, finalise derivatives tie-up")
From arbitration to tax refund, here are the key court orders
Though Section 241A of the Income Tax Act allows withholding of refund to an assessee, such action should be based on "justifiable reasons"
From arbitration to tax refund, here are the key court orders
Though Section 241A of the Income Tax Act allows withholding of refund to an assessee, such action should be based on "justifiable reasons"
 "From arbitration to tax refund, here are the key court orders")
Arbitration to corruption at deemed universities, here're key court orders
If a party joins arbitration proceedings without raising objections regarding jurisdiction of the court, it cannot raise the issue at a later stage, especially after the pronouncement of the award
 "Arbitration to corruption at deemed universities, here're key court orders")
From arbitration to bounced cheques, here're the key court orders
SC has reiterated that once the issuance of a cheque and the signature on it have been admitted, there's always a presumption that it was issued to satisfy a legally enforceable debt or liability.
 "From arbitration to bounced cheques, here're the key court orders")
From insurance claim to contract arbitration, here are the key court orders
A weekly selection of key court orders
 "From insurance claim to contract arbitration, here are the key court orders")
No automatic stay on enforcement of arbitration award if challenged: SC
Apex court strikes down Section 87 of Arbitration Act; Does not give interim relief to petitioners, HCC, Gammon India
 "No automatic stay on enforcement of arbitration award if challenged: SC")
Govt entities can pay contractors in challenge against arbitration awards
The measures approved would help in ensuring that remedies of challenge/appeal are resorted to in judicious manner, and in furthering objective of infusion of liquidity into the construction sector
 "Govt entities can pay contractors in challenge against arbitration awards")
Increasing hurdles: Arbitration claims against NHAI on the rise
The NHAI's latest available annual report, for FY18, shows the authority had 1,014 cases of arbitration
 "Increasing hurdles: Arbitration claims against NHAI on the rise")
From arbitration to property tax, a weekly selection of key court orders
When the parties to a dispute specify a time frame by which the arbitration must conclude, it cannot be extended without the consent of the same parties
 "From arbitration to property tax, a weekly selection of key court orders")
Govt starts talks on using services of private third party arbitrators
Move aimed at cutting legal costs, improving ease of doing business rankings
Brief case: Ineligible person cannot name arbitrator
A weekly selection of key court orders
 "Brief case: Ineligible person cannot name arbitrator")
Govt sets up committee to recommend ways to make arbitration more efficient
The committee will be headed by retired Supreme Court judge B N Srikrishna
 "Govt sets up committee to recommend ways to make arbitration more efficient")
Two Indian firms may conduct arbitration outside country: SC
UMPP has a dispute over certain clauses of agreement executed between it and NACCIPL
 "Two Indian firms may conduct arbitration outside country: SC")
Time frame for completing arbitration
Though the law sets a time limit for the arbitrator to pass an award, the period could be extended in one exceptional case, - when both parties consent to do so, the Supreme Court stated in its judgment in Electrical Manufacturing Co vs Power Grid Corporation. If there is no consensus, the arbitrator must complete the proceedings within the time frame. In this case, the time was not kept after disputes arose between Electrical Manufacturing and NTPC over payment for a contract to execute the Rihand-Kanpur transmission line. The company approached NTPC and other authorities, but to no avail. So, it invoked the arbitration clause and appointed its nominee. However, NTPC failed to name its arbitrator. The company got the Institution of Engineers (India) to appoint the other two arbitrators. The arbitration went ahead, despite protests by NTPC (now Power Grid Corporation), and the award was passed in the company's favour. When Electrical Manufacturing approached the Delhi High Court for ex
 "Time frame for completing arbitration")
