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Articles by Vishesh Kulkarni
Does a Court have Jurisdiction to Assess Impartiality of Arbitrators in Institutional Arbitrations?
In this case, the Hon'ble High Court of Judicature at Bombay (“Court”) delved into whether a court has jurisdiction to entertain and decide on challenges to the independence and impartiality of an Arbitrator appointed by an Arbitral Institution, particularly after the Institution has made its decision on the subject.[1] Brief Facts: The Petitioner, Era International (“Era”), is engaged in the business of importing quality coal, while the Respondent no.1, Aditya Birla Global Trading Pvt Ltd.
Human Behaviour and The Right to Privacy vis-à-vis Copyright Protection
Brief Facts The crux of the present case revolved around the Appellant’s (orig. Defendant) (“T-Series”) intention to produce a film titled "Dear Jassi" based on the story of Jaswinder Kaur Sidhu, a.k.a. Jassi. T-Series claimed to have acquired the rights to make the film from a book written by a Mr. Fabian Dawson of Canada, by paying an authorization fee of approximately 5000 C$. They subsequently produced the film based on this book. However, Respondent No. 1 (orig.
Does Nomination Under The Companies Act Override The Law Of Succession?
Recently, the Hon'ble Supreme Court ("Court") ruled that upon the death of the holder of financial instruments viz. shares and other securities, the nominee would not get an absolute title and its devolution shall be subject to the laws of succession.1 Brief Facts: In this case, the testator had fixed deposits for the sum of Rs. 4,14,73,994/- ("FDs") in respect of which respondent nos. 2, 4 and appellant no.
Applicability of the three-pronged test to seek stay on enforcement of an anti-suit order
Recently, the Hon'ble Bombay High Court (“Court”) passed an order[1] of temporary injunction against an anti-suit injunction order issued by the High Court of Singapore (“anti-suit order”).
Evidence by way of affidavit not mandatory for determining well-know status of the trademark
The Delhi High Court in its recent judgment[1] has clarified that for determination of well-known status of a trademark, evidence by way of affidavit cannot be held to be a mandatory requirement for grant of well-known status under the Trademark Act, 1999 (“TM Act”) and the Trademark Rules, 2017 (“TM Rules”).
Indian-Seated International Commercial Arbitration Not Bound By Statutory Time Limit
In view of the Arbitration and Conciliation (Amendment) Act, 20191, the Hon'ble Supreme Court ("Supreme Court") clarified that International Commercial Arbitrations ("ICA") shall not be governed by the time limit prescribed under Section 29-A2 of the Arbitration and Conciliation Act, 1996 ("the Act").3 Facts In the present case, the petitioner, i.e., Tata Sons Pvt. Ltd., the first respondent, i.e., Siva Industries & Holdings Ltd. and Tata Tele Services Ltd.
High Court determines jurisdiction of arbitrator to conduct consolidated arbitration
Facts Decision On 9 February 2023, the High Court of Bombay refused to interfere in a challenge to an arbitral award under section 34(1) of the Arbitration and Conciliation Act 1996, wherein the arbitrator had consolidated nine separate disputes between the same parties.(2) Facts The petitioner, a textile company, entered into nine contracts with the respondent, a government undertaking, for the purchase of cotton bales.
Moratorium under ibc will not prevent attachment of properties of corporate debtor under pmla: Delhi High Court
Recently, the Hon'ble High Court of Delhi (“High Court”) caused yet another bend in the meandering interplay between the Insolvency and Bankruptcy Code, 2016 (“IBC”) and the Prevention of Money Laundering Act, 2002 (“PMLA”). The High Court held that a moratorium imposed under Section 14 of the IBC (“Section 14”) will not preclude the Enforcement Directorate (“ED”) from attaching properties under Sections 5 and 8 of the PMLA.
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