INDIA – REGULATIONS SPECIFYING DISTRIBUTION OF LEFTOVER NOT SERVED PORTIONS OF SAFE FOOD

Food and Safety Standards Authority of India, the autonomous body that regulates food safety and regulations in India, published the Food Safety and Standards (Recovery and Distribution of Surplus Food) Regulations, 2019 (“the Regulation). The Regulation streamlines and specifies the responsibilities of food donors, food banks and food distribution organizations that are engaged in distributing […]

Even a perception of bias in an Arbitrator would not be fair to the parties: Supreme Court of India

“That apart when one is required to judge the case of another, justice should not only be done, but it should also seem   to   be   done   is   the   bottom   line”, explained the Supreme Court of India in the matter of Vinod Bhaiyalal Jain & Ors. Versus Wadhwani Parmeshwari Cold Storage Pvt. Ltd.. The Supreme Court […]

Initiation of Corporate Insolvency Resolution Process by a Foreign Creditor against an Indian Corporate Guarantor

Every financial institutions want someone to stand guarantee to the loan they are about to provide. One of such common ways is that a subsidiary company stands as a guarantor for the parent company against the loan obtained by the latter. The question now arises is whether a Foreign Creditor can initiate Corporate Insolvency Resolution […]

Strict adherence to limitation in filing an application for setting aside of an arbitral award in India

The Arbitration and Conciliation Act, 1996 (“Act”) under Section 34(3) provides for a specific statutory limitation of filing an application for setting aside of an arbitral award. Section 34(3) provides that an application for setting aside an arbitral award may not be made after the lapse of three months (90 days) from the date of […]

Limitation for challenging arbitral award begins from the time the signed copy of the award is delivered/received to/by the party

The Supreme Court in the matter of Anilkumar Jinabhai Patel (D) Thr. Lrs. vs. Pravinchandra Jinabhai Patel and Ors  by upholding the decision of the High Court of Judicature at Bombay Bench at Aurangabad has reaffirmed that the limitation to file an application for setting aside of an arbitral award begins from the date on which […]

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