Introduction The Companies Act, 2013 provides multiple remedies to shareholders when corporate affairs are conducted improperly. However, not every wrongdoing can be addressed through the same legal route. One concept that is frequently misunderstood and often confused with class action proceedings is the derivative action. Indian courts and tribunals have consistently clarified that a derivative … Continue reading Understanding Derivative Action under the Companies Act, 2013
ARBITRATION CLAUSE IS ASSIGNABLE: BOMBAY HIGH COURT
According to the Bombay High Court, an arbitration agreement is assignable in the same way that any other contract is, and if the rights and obligations under an agreement that contains an arbitration clause are assigned in favour of the assignee, the arbitration remedy would also be assigned in that person's favour. In light of … Continue reading ARBITRATION CLAUSE IS ASSIGNABLE: BOMBAY HIGH COURT
WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
WHAT IS ARBITRATION CLAUSE Arbitration Clause refers to the clause which allows the parties to refer their dispute to Arbitration under the seen or unforeseen circumstances of disputes among the parties to a contract. Further this clause provides an opportunity to settle the disputes at an economic and time saver manner as compared with that of … Continue reading WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
DUCTUS EDGE 