Dispute Resolution
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Reforming the mining sector in India: An analysis of the latest amendments to the MMDR Act
In a major push for mining reforms in India, the Parliament recently enacted the Mines & Minerals (Development & Regulation) Amendment Act, 2021 (Amendment Act).
Sneha Janakiraman
Sneha is a Partner in the Dispute Resolution Practice Group in the Firm’s New Delhi office. Sneha regularly advises and represents clients on complex multi-jurisdictional disputes in arbitrations and commercial litigations.
Ratnil Chauhan
Ratnil is a Counsel in the Dispute Resolution practice group in the New Delhi office.
Ratnil has advised on various matters around criminal law, civil law, commercial law and arbitration matters for a wide range of individuals and corporate clients before various fora including the Supreme Court, High Court, and Appellate Tribunal for Electricity and consumer forums including the National Commission, State Commission and District Forums.
Arvind Kumar Ray
Arvind is a Partner in the Litigation Practice Group at our New Delhi office. He is also a qualified Company Secretary and is an Associate Member of the Institute of Company Secretaries of India.
Abhisaar Bairagi
Abhisaar is a Partner in the Dispute Resolution Practice Group with the Firm’s Delhi office. Abhisaar practices corporate and commercial litigation and arbitration across a wide range of sectors with special focus on Infrastructure, Construction, Logistics, Freight & Warehousing, Mining, Energy & Natural Resources, Transportation and E-commerce & Consumer Protection.
Whether the payment made by Indian residents for purchase of computer software from foreign suppliers/manufacturers can be termed as ‘royalty’?
The Supreme Court of India (Supreme Court), vide a common judgment dated 02 March 2021, in a batch of tax appeals, in the lead case of Engineering Analysis Centre of Excellence Pvt Ltd v The Commissioner of Income Tax & Another held that the amount paid by resident Indians to non-resident manufacturers/ suppliers of computer software in terms of distribution agreement or End-User Licence Agreement (EULA) does not amount to royalty and that such payment does not give rise to any income taxable in India and therefore, there is no liability on the resident Indian companies t
Maintainability of an appeal under Section 37 of Arbitration and Conciliation Act, 1996
A three-judge bench of the Supreme Court of India (Supreme Court), comprising Justices R.F. Nariman, Navin Sinha, and K.M. Joseph, vide a judgment dated 11 February 2021 in the case of Chintels India Limited v Bhayana Builders Private Limited held that an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (1996 Act) is maintainable against an order refusing to condone delay in filing a setting aside application under Section 34 of the 1996 Act.
Supreme Court refers the issue of Enforceability of Arbitration Clause in an unstamped contract to a Constitution Bench
A three-judge bench of the Hon’ble Supreme Court in the case of M/s N.N. Global Mercantile Pvt. Ltd. v. M/s Indo Unique Flame Ltd. & Ors by judgment dated 11.01.2021 expressed a differing view on the issue of invalidity and unenforceability of an arbitration agreement in an unstamped underlying contract and referred the issue to a Constitution Bench in light of the conflicting view it expressed on a well-settled issue.