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Arbitration & ADR

12 September 2019
Chakrapani Misra Supreme Court holds government cannot seek preference while seeking stay on enforcement

India - Khaitan & Co

The Supreme Court recently considered whether an unconditional stay can be granted under Section 36 of the Arbitration and Conciliation Act 1996 when the applicant is the government. The court rightly held that the safeguards which were incorporated for the Crown by Order 27, Rule 8A of the Code of Civil Procedure are now inapplicable and outdated, especially as the purpose and intent of alternate dispute resolution is to treat parties equally.

Authors: Chakrapani Misra, Ravitej Chilumuri, Vaisakh Shaji
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Recent updates

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Authors: Brian Simms, Marco Turnquest
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Cyprus - George Z Georgiou & Associates LLC

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Switzerland - Tavernier Tschanz

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Malaysia - Shearn Delamore & Co

Author: K Shanti Mogan
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India - Khaitan & Co

Authors: Kathleen Lobo, Saasha Malpani
Vasuda Sinha Paris Court of Appeal confirms expansive scope of Article 1466 of Code of Civil Procedure

France - Freshfields Bruckhaus Deringer LLP

Authors: Vasuda Sinha, Veronika Timofeeva

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