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Cox and Kings Ltd v SAP India Pvt Ltd and another SLP (C) No 8607 of 2022 and with SLP (C) No 5833 of 2022 What are the practical implications of this case? The Cox and Kings ruling carries significant consequences for Indian arbitrations involving multiple parties and interlinked contracts. The Supreme Court confirmed that the Group of Companies doctrine operates in India, but emphasised that binding non-signatories to an arbitration agreement depends on assessing multiple factors. These are discussed further below. Practitioners should pay attention to the participation of non-signatories in the contractual affairs of group entities. Where affiliates take part in negotiations or in performing the contractual duties of another company, or, through their conduct, display a unified intention, they can be regarded as bound by the arbitration clause in such circumstances too. What was the background? Whether non-signatories could still be held to an arbitration agreement had earlier been examined by the Indian Supreme Court in Chloro Controls India (P) Ltd v Severn...
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
Key stakeholders in midstream & downstream activities of the Oil & Gas industry While regional markets continue to show distinct characteristics, this Practice Note highlights that the orthodox view of ‘key stakeholders’ is widening to encompass a broader range of interests, including ‘non‑financial’ priorities—such as environmental considerations—across midstream and downstream operations. Regional nuances remain material, yet the conversation is shifting. Pinpointing the ‘key stakeholders’ in the Oil & Gas sector calls for close attention to the industry’s day‑to‑day realities. As the phrase suggests, identifying key stakeholders first involves defining the ‘stakes’ in play (that is, the interests or objectives) and, in turn, recognising the parties who possess them. To frame the discussion, a concise outline of the Oil & Gas industry is useful. Broadly, the sector is segmented into three principal areas: upstream, midstream and downstream. Accordingly, stakeholder mapping should be aligned with practical functions and flows within midstream and downstream chains...
This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...
1 Definitions Completion – denotes the Date of Entry or, if later, the day the Price is paid and the purchase of the Property [ and Business ] is finalised under the Missives; Business – denotes the [ insert number ] [ star, ] [ , hotel ] [ , restaurant ] [ , café ] [ , bar ] [ , public house ] enterprise conducted by the Seller at the Property, providing [ [ describe accommodation type eg rooms, apartment or hotel ] ] [ , the sale of food and beverage ] [ , weddings ] [ , conference centre ] [ , leisure centre ] [ , spa ] [ , golf course ] [ , hairdresser ] [ , on-site staff accommodation ] together with all other activities, including those ancillary, incidental to, or connected with such business; Conclusion Date – means, unless stated otherwise, the first date on which the Missives bring about a concluded contract; Date of...