Lawpedia

Conflict in contractual clauses while determining jurisdiction in case of trans-border arbitration.  Recently, the Hon’ble Supreme Court of India in  Disortho S.A.S. v. Meril Life Sciences Private Limited , examined the vexed question of jurisdiction in case of trans-border arbitration. The said divergence emerges from the interaction between three distinct legal systems which come into play when a dispute occurs: (i) lex-contractus, the law governing the substantive contractual issues; (ii) lex arbitri, the law governing the arbitration agreement, and the performance of this agreement; and (iii) lex-fori, the law governing the procedural aspects of arbitration.    Let us first understand the facts of the case:  The petitioner is a company incorporated in Colombia and the respondent is a company incorporated in Gujarat, India. The petitioner and the respondent had executed an International Exclusive Distributor Agreement dated 16.05.2016 for distribution of medi...

In a recent decision of the Hon’ble Supreme Court of Saranga Anilkumar v. Bhavesh Dhirajlal Sheth & Ors., a crucial question emerged with respect to:   whether execution proceedings under Section 27 of the Consumer Protection Act, 1986 (the “ Act ”), can also be stayed during an interim moratorium under Section 96 of the Insolvency and Bankruptcy Code (IBC).  In this case, multiple penalties were imposed by NCDRC during the pendency of the insolvency proceedings and the said decision of NCDRC was challenged. The core contention of the appellant was that imposition and execution of the penalties should be stayed on account of the pendency of the insolvency proceedings.     Let us read through the facts of the case:    The Appellant is engaged in real estate development and had several pending consumer complaints before NCDRC, filed by home buyers alleging delay in possession, deficiency in service, and breach of contractual obligations. NCDRC had allowed...