Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
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Post-award interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 are available to any party to an arbitration agreement, including an unsuccessful arbitral party with no award in its favour. The provision's plain language does not confine relief to award-holders, while Sections 34 and 36 separately address challenges to and stays of awards. An unsuccessful party must satisfy the usual tests of prima facie case, balance of convenience and irreparable injury under a higher threshold. Relief should therefore be granted only carefully, cautiously and in rare, compelling circumstances to prevent irreparable prejudice and preserve challenge proceedings.
Post-award interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 are available to any party to an arbitration agreement, including an unsuccessful arbitral party with no award in its favour. The provision's plain language does not confine relief to award-holders, while Sections 34 and 36 separately address challenges to and stays of awards. An unsuccessful party must satisfy the usual tests of prima facie case, balance of convenience and irreparable injury under a higher threshold. Relief should therefore be granted only carefully, cautiously and in rare, compelling circumstances to prevent irreparable prejudice and preserve challenge proceedings.
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