Photo of Mreganka Kukreja

Associate in the Dispute Resolution Practice at the Delhi NCR office of Cyril Amarchand Mangaldas. Mreganka focuses on commercial arbitrations and corporate litigations before diverse judicial fora. She can be reached at mreganka.kukreja@cyrilshroff.com

Arbitral Award

I. Introduction

One of the quintessential features of an arbitration friendly jurisdiction is a robust award enforcement mechanism. Often such enforcement mechanisms are determined by the interpretation of ‘public policy’ of each jurisdiction. In India, the trajectory of public policy has witnessed dramatic advancements, resulting in a much narrower scope and ambit of interpretation. Consequently, Indian courts have adopted a pro-enforcement stance and this pattern can be observed even in the arbitral awards that have been passed in disputes relating to exchange control laws and securities regulations.Continue Reading Enforcement of a Foreign Arbitral Award: Calcutta High Court Contextualises Fundamental Policy of Indian Law

Development Manager as ‘Promoter’ under RERA regime - Deconstructing MahaRERA’s order in Shapoorjee Pallonji’s Case

1. INTRODUCTION

The Development Management Model (“Model”) has risen exponentially to meet the pace of growth and ensure expansion of real estate projects. The Model typically involves a Development Management Agreement (“DMA”) between a promoter and a development manager, wherein the latter is appointed for project execution, designing, marketing and sales of a project in consideration of a share of the revenue/profit or management fees.
Continue Reading Development Manager as ‘Promoter’ under RERA regime: Deconstructing MahaRERA’s order in Shapoorjee Pallonji’s Case