Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime – The RMLNLU Law Review Blog

Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime – The RMLNLU Law Review Blog

By: Gurkaranbir SinghINTRODUCTION Parallel proceedings in investor-state arbitration are an emerging phenomenon which operates as a stumbling block against the expeditious dispute resolution process. Such proceedings are possible in an international legal framework as international law does not provide a strict application of domestically practiced principles of Res Judidicata and Lis Pendens. This phenomenon of “parallel proceedings” has been identified as a serious problem in the fora as it leads to inconsistent arbitral awards by different arbitral tribunals adjudicated on the same set of facts.[i] It further leads to undermining the application of international legal principles, the coherence of…
Smt.  Sureshta Devi vs Om Prakash

Smt. Sureshta Devi vs Om Prakash

Citations: 1992 AIR 1904, 1991 SCR(1) 274 Appellant: Smt. Sureshta Devi Respondents: Om Prakash Decided On: 7.02. 1991 Equivalent Citations: 1. 1992 AIR 1904 2. 1991 SCR (1) 274 Benches: SHETTY, KJ (J) AGRAWAL, SC (J) Statutes Referred: Hindu Marriage Act, 1955 Special Marriage Act, 1954 Marriage Laws (Amendment) Act, 1976 In a marriage, a man and woman make a lifelong commitment to one another, promising to love and cherish one another until death do them part. The pair learns the true meaning of love, trust, tolerance, support and harmony through their marriage as a union. It is a community…
Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime – The RMLNLU Law Review Blog

A COMPETITION LAW SCRUTINY – The RMLNLU Law Review Blog

By: Tapamoy GhoseINTRODUCTION HDFC Ltd, a mortgage lender, announced a merger with HDFC Bank on April 4, 2022. According to HDFC Bank, the merger is subject to various statutory and regulatory approvals, including those from the Competition Commission of India (CCI), the National Company Law Tribunal (NCLT), other applicable authorities, and the companies’ respective shareholders and creditors. HDFC Ltd is India’s leading housing finance company, with unparalleled relationships, scale, and underwriting expertise in the housing sector. On the other hand, with over 68 million customers, 6,342 branches, and an entire portfolio of credit, liability, and distribution offerings, HDFC Bank…