Shweta Pandey’s Post

Dear Linkedin Connections, Greetings of the Day! In the case of Hina Suneet Sharma v. M/s. Nissan Renault Financial Services India Private Limited, Arb.O.P. (Com.Div.) No.159 of 2022 decided on February 15, 2023. The question of whether participation in arbitral proceedings or the failure to challenge the appointment of a sole arbitrator under Section 13 of the Arbitration and Conciliation Act, 1996, bars petitioners from later contesting the appointment under Section 34 of the Act has been addressed. Key Takeaway: The courts have clarified that petitioners retain the right to challenge the appointment of an arbitrator under Section 34, even if they participated in the proceedings or didn't initially contest the appointment under Section 13. This provision ensures that any violations of Section 12(5) concerning arbitrator impartiality can be contested, underscoring the protection of public policy in India. Why It Matters: This interpretation reinforces the importance of upholding the integrity of arbitration processes and ensures that procedural lapses do not compromise the rights of the parties involved. For legal practitioners and stakeholders in the arbitration community, this development is a reminder to stay vigilant about the provisions governing arbitrator appointments and the recourse available under the law. #Arbitration #LegalInsights #PublicPolicy #ArbitrationLaw #Section34 #LegalRights #ArbitrationAct #IndiaLegalUpdates #ADR #ConflictResolution #LegalCommunity

On 9 January 2024, the Bombay High Court upheld an Award dated 30 June 2023 passed by the Industrial Tribunal, Pune, permitting closure of the Talegaon Plant of General Motors India Private Limited (GM) in terms of Section 25-O of the Industrial Disputes Act, 1947 (ID Act). The High Court rejected the writ petition filed by the General Motors Employees Union (Union) challenging the closure. GM was represented by J.P Cama (Senior Counsel), Zubin Behramkamdin (Senior Counsel) and R.N Shah (Counsel), briefed by a team of lawyers from P&A Law Offices led by Anand S.Pathak (Managing Partner), Ravish Kumar (Partner), Vijay Purohit (Partner), Nidhi Raj Bindra (Principal Associate), Pratik Jhaveri (Principal Associate), Faizan Mithaiwala (Senior Associate) and Ziauddin Sherkar. P&A Law Offices had also represented GM before the Industrial Tribunal, Pune.    Earlier, GM and Hyundai Motors India Private Limited (HMI) had entered into a Term Sheet and, subsequently, an Asset Purchase Agreement (APA) for the sale of the Talegaon Plant. P&A Law Offices had also represented GM on the transaction with Hyundai Motors.    The High Court, inter alia, held that:   (a)  a company cannot be forced to carry on business despite accumulated losses especially when it is not a public utility company; (b)  the period of one year mentioned in Section 25-O(6) and the period of thirty (30) days mentioned in Section 25-O(4) of the ID Act, are only directory in nature and not mandatory. The High Court rejected the Union’s contention that a reference under Section 25 would become infructuous and the Tribunal functus officio, after a period of one year. (c)  Merely filing a second closure application (which pertains to a different time period) does not impact the Award passed by the Industrial Tribunal; nor does the second closure application make the Award perverse. This judgment further discusses the law on closure of undertakings under the ID Act and comes as a welcome step especially for those undertakings that have been suffering accumulated losses for years.

It is a common belief that an arbitration agreement should be in writing and that only signatories to the agreement are bound by it. In complex transactions involving multiple agreements and multiple parties, a party might involve its group affiliates. The affiliates may not have signed the agreements but participate in their execution at some stage. Are such non-signatory group affiliates bound by the agreements? They could be, as per a recent judgment of the Indian Supreme Court in the case of Cox & Kings Ltd. v. SAP India Pvt. Ltd. Share your views on this recent article I had the privilege of co-authoring with Kshama A. Loya. For more such insightful updates on arbitration, check Dentons Link Legal Insights : https://lnkd.in/dwg659Vp #arbitration #dentons #GroupofCompanies #supremecourt #ADR

Right to close business is a fundamental right# Ease of doing business#

We are delighted to share that our esteemed Legal Partner, Advocate Reema Jain, delivered a compelling presentation at the Greater Noida CPE Study Circle of the Honda group of companies on May 23rd, 2024. The seminar focused on "MSME & Relevant Amendments in the Companies Act, 2013," exploring crucial updates and how recent amendments in the Income Tax Act align with MSME provisions under the Companies Act. Advocate Reema Jain's in-depth knowledge and insights provided attendees with a clear understanding of these legislative changes and their practical implications for MSMEs. Her session sparked engaging discussions, offering valuable guidance for navigating the evolving legal landscape to support business growth and compliance. For those who missed the event, we have prepared an article and presentation summarizing the key takeaways. You can access the same PDF that was presented by Advocate Reema Jain at the seminar on May 23rd, 2024, here: https://lnkd.in/gHQ_PJnh A special thanks to the Greater Noida CPE Study Circle and the Honda group of companies for hosting this insightful event. We look forward to continuing to share knowledge and foster collaboration within the business community. #MSME #LegalExpertise #AdvocateReemaJain #CompaniesAct2013 #IncomeTaxAct #GreaterNoida #HondaGroup #LegalInsights

Happy to share, my recent article co-authored with Suraj C. on the implications of the Supreme Court Judgment in the case of Cox & Kings Ltd. vs SAP India Pvt Ltd. & Anr. (which has laid down the permanent foundation of 'Group Companies' doctrine to enable non-signatory to become a 'party' to an arbitration) on the retail shareholders of listed companies. In addition to the concept of 'implied intent', the judgment lays down legal principles which can make non-signatories a party to the arbitration agreement. The dogmatic emphasis on express consent is eschewed in favour of a modern approach to consent. We have tried to analyse the implications of these principles on the shareholders who may wake up one day to realise that an arbitration clause in contract signed by a group company or special purpose vehicle has been used to implicate the listed company a party to an arbitration proceeding. All relevant views and critiques are most welcome! https://lnkd.in/d5yfTRyE #arbitration #arbitrationlaw #LiveLaw #listedcompanies #shareholderactivism #LODR #disclosures

Wolf Popper LLP represents the plaintiffs in a putative class action against Hyundai Motor America (“Hyundai”) and Verisk Analytics, Inc. (“Verisk”). #consumerprotection #consumerlitigation #consumerclassaction #joinclassaction #joinclassactions #ClassActionLawsuit #classactions #lawfirm #legal "Link in Comments"

Landmark Judgement Cox & Kings Ltd. v. SAP India (P) Ltd. 2023 Honourable Supreme Court of India has held that Arbitration is an alternative dispute resolution mechanism which provides a neutral, efficient, and expert process for dispute resolution at a single forum whose decision is final and binding on the parties. An arbitration proceeding is broadly divided into two stages : The first stage commences with an arbitration agreement and ends with the making of an arbitral award. The second stage pertains to the enforcement of the arbitral award. An arbitration agreement records the consent of the parties to submit their disputes to arbitration and has four essential elements of an arbitration agreement: 1. There must be a present or a future difference in connection with some contemplated affair 2. The parties must intend to settle such difference by a private tribunal 3. The parties must agree in writing to be bound by the decision of such tribunal. 4. The parties must be ad idem. #law #legal #lawyers #laws #caselaw #judgement

Make sure you're up-to-date with latest automotive business and legal developments by registering for our next webinar brought to you in association with The Motor Ombudsman and Grant Thornton UK LLP. Find out more and register here: https://lnkd.in/e8myK3ja #webinar #legalreview #businesslaw #automotive #radiuslaw

Pankaj Kumar, Sr. Legal Counsel and Department Head at Maruti Suzuki India Limited. From his early days at DAV Jawahar Vidya Mandir to his current role, Pankaj's journey is one of resilience and determination. His story began in an era where engineering was the prime career choice. However, his curiosity in societal and government affairs led him to journalism and eventually law. A pivotal moment came when his father suggested exploring law, setting Pankaj on a path that would define his career. Pankaj Kumar embraced law school with a sense of urgency, knowing it was his last chance to build a career. He undertook 14 internships, gaining exposure to various legal fields. The 2009 recession made job hunting difficult, but a campus recruitment by Bajaj Allianz opened doors. Despite initial uncertainties about the job profile and location, he seized the opportunity, marking the beginning of his legal career. His career trajectory saw him transition from insurance giants like ICICI Lombard and HDFC ERGO to Maruti Suzuki. Each move was challenging but enriched his understanding of litigation and procedural laws. The shift to the automobile sector introduced him to a vast array of legislations, but his fundamental understanding of law and a love for continuous learning facilitated his adaptation. At Maruti Suzuki, he leads the Dispute Prevention & Advisory team, handling complex issues like Customs litigation. His strategy? Prioritize reading and staying updated with the dynamic changes in laws. “Identifying priorities that have a greater impact on management is crucial,” he notes. Though brief, Pankaj's stint in law firms during his internships and early career equipped him with invaluable insights. Understanding the psychology of the opposition and collaborating effectively with external law firms have been instrumental in his role as an in-house counsel. He observes significant evolution in Competition law, Insolvency & Bankruptcy, and Legal Metrology. He highlights the progressive amendments in Competition law and the futuristic Digital Competition Bill, alongside the ongoing challenges in Insolvency law and the stability in Metrology law. For young legal professionals, Pankaj Kumar emphasizes the importance of early learning and skill enhancement. Writing articles, judgment analyses, and flawless drafting are crucial. “The knowledge and skills developed early on will support you throughout your career,” he advises. Innovative Approaches in Legal Practice Pankaj’s approach blends legal expertise with business acumen, fostering a partnership with stakeholders to achieve organizational goals. This methodology has cultivated trust and a healthy work atmosphere, proving highly effective in his role. #LegalJourney #CareerInLaw #LegalStrategy #CorporateLaw #LegalProfession #LawCareer #ProfessionalGrowth