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Challenge and Enforcement of Arbitral Awards: Public Policy and Patent Illegality

Arbitration in India operates within a framework shaped by both public policy and patent illegality, two distinct yet often overlapping grounds for challenging arbitral awards. While both concepts aim to uphold justice, they function differently, each offering unique grounds for judicial intervention. The tension between promoting arbitration finality and allowing judicial intervention has been a […]

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Stamping of Digital Agreements

Leave a Comment / Agreement, Digital Agreements / admin

As world is moving towards digitalization and AI is growing at fast pace. Every country around the world is promoting digitalization to increase the business and reduce the cost of the corporates so that they can trade freely in the market. With rapid growth of technology electronic agreements are taking the place of traditional handwritten

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Can Arbitral Award be modified by Court

Arbitration Act / admin

INTRODUCTION “Differences we shall always have but we must settle them all, whether religious or other, by arbitration”. – Mahatma Gandhi With economic growth and to avoid prolonged litigation, the parties’ resort to arbitration as a preferred alternate dispute resolution mechanism. Not only in India but globally it has been realized that arbitration happens to

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Quashing of Complaint – Seeds Act.

Seeds Act. / admin

Agriculture contributes more than 65% of Indian Gross Domestic Produce. Further India is one of the largest exporters of Agricultural products. Indian Government to support Agriculture has taken various steps i.e setting up Government laboratories for sample testing, enacting Laws and setting up market for easy and smooth trade of food grains as well as

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“Pay if Paid” & “Pay when Paid” clause in back-to-back agreements

Agreement / admin

INTRODUCTION Back-to-back agreements, also known as parallel contracts, are a common practice in the business world. Most of the real estate companies and Tech companies enter into back to back agreements with the sub-contractors. These agreements involve two separate contracts, one agreement between a principal and a main contractor and other agreement between the main

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Artificial Intelligence and the Law : Boon or Bane ?

Artificial Intelligence / admin

Introduction The 21st century is the era which will mark the beginning of Artificial Intelligence becoming an everyday part of human life. AI and machine learning based technology is already being utilised across multiple sectors such as education, agriculture, arms etc.1 Likewise, the legal field is not immune to the introduction of AI. It is

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Green Bonds and India

Green Bonds / admin

What are green bonds? The Organisation For Co-operation and Development (OECD) defines green bonds as a type of bond which “is a commitment to exclusively use the funds raised to finance or re-finance “green” projects, assets, or business activities.”1 Essentially it is a fixed income debt instrument which is issued for the purpose of receiving

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Quantum Meruit: Anequitable Remedy

contract / admin

Quantum Meruit is an exception to the general rules laid down under The Contract Act, which provides that a party should be reasonably compensated for the work done by it. Section 75 of the Contract Act deals with the doctrine of Quantum Meruit. As per the doctrine, when a person performs work pursuant to a

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Arbitral Tribunal at par with Civil Courts: Scope of arbitrators to Grant Interim Relief u/s 1 7 of Arbitration and Conciliation Act , 1 9 9 6

Arbitration Act / admin

INTRODUCTION Arbitration is a method of alternate dispute resolution, where parties to a commercial transaction enter into an agreement to resolve the disputes arising between them by appointing impartial persons referred to as Arbitrators. The Arbitration and Conciliation Act of 1996 aims to cut down judicial intervention in arbitration proceedings i.e. to minimize the burden

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Can commercial Court proceed in a matter with summary trial?

Commercial Courts Act / admin

The concept of Summary trial was first brought forward in The Law Commission report where it recommended in its 253rd Report the introduction of a new summary judgment procedure that would allow the courts to resolve any commercial dispute claim without recording oral testimony, provided the application for summary judgment was submitted prior to the

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