Within the broad bucket of internal investigations that companies often undertake, disciplinary procedures in relation to employee misconduct are one of the most common forms of investigations. In this piece, we explore the current laws and best practices in relation to employee investigations and conducting disciplinary processes, the potential ramifications of Indian data protection law
Sarah Navodia
Principal Associate in the Disputes Practice at the Mumbai office of Cyril Amarchand Mangaldas. She specializes in arbitration, civil and commercial litigation including disputes advisory and white collar crimes. She can be reached at sarah.navodia@cyrilshroff.com
Statement of Claim not sine qua non to Filing an Application under Section 17
Post the 2015 Amendment, the powers of the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 (“Act”), are at par with and akin to the powers of the Court under Section 9 of the Act. Whilst the non-filing of the Statement of Claim did not serve as an impediment to the Courts granting interim reliefs under Section 9, the question on whether an Arbitral Tribunal is empowered to grant interim reliefs under Section 17 in the absence of a Statement of Claim remained unclear.Continue Reading Statement of Claim not sine qua non to Filing an Application under Section 17