Selection and Appointment of Arbitrators in India

In arbitration, the parties have the freedom to appoint any person as an arbitrator to adjudicate any dispute arising between them. This freedom of choice is stipulated by section 10(1) of Arbitration and Conciliations Act, 1996 which provides that, ‘parties are free to choose the number of arbitrators.’ It provides discretion with respect to number…

Summary Suits

Introduction Summary suit or summary procedure is given in order XXXVII of the Code of Civil Procedure, 1908. Summary procedure is a legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods. [1] Its object is to summarise the procedure of suits in case the defendant is not…

Option 4 – MSME SAMADHAAN- Delayed Payments to Micro and Small Enterprises under Micro, Small and Medium Enterprise Development (MSMED) Act, 2006

The MSMED Act, 2006 (Dealing with Delayed Payment)  Who can apply Any Micro or small enterprise having valid Udyog Aadhar (UAM) can apply, if your enterprise doesn’t have an Udyog Aadhar (UAM), it can be obtained from here. Related Provision The Micro, Small and Medium Enterprise Development (MSMED) Act, 2006 contains provisions of Delayed Payment…

Option 3 Insolvency and Bankruptcy Code- Corporate Debt Recovery

CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER INSOLVENCY AND BANKRUPTCY CODE, 2016 Kindly refer to the link in the title to access the full Act STAGE-WISE PROCESS FOR INSOLVENCY:- In case a corporate debtor makes a default in repayment of dues of the creditors, the financial creditor/s, an operational creditor or a corporate debtor through Corporate applicant…

Option 1 Commercial Courts – Corporate Debt Recovery

Option 1 THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT , 2015 (Kindly refer to the link in the title to access the full Act) As per Section 6, Commercial Courts can try suits relating to commercial transactions having the “specified value”.  Section 2(i) of the Act defines “specified value”….

Corporate Debt Recovery

India is infamous for having an overburdened legal system that leads to indefinite delays in the disposal of cases. Inefficiencies in its legal infrastructure have made it all the more difficult for foreign as well as domestic investors to protect their investments in India. In fact, as seen in the famous case of White Industries Australia…