Introduction What happens to an arbitration agreement when one of the parties passes away? Does it vanish with them, or does it bind those who step into their legal shoes? This question, often overlooked but holds immense significance in contractual and partnership disputes. The Hon’ble Supreme Court of India recently weighed on this issue, reaffirming […]
Introduction In expanding the interpretation of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as ‘the Code’), the Hon’ble Supreme Court, in the judgement of Saranga Anilkumar Aggarwal v. Bhavesh Dhirajlal Sheth and Ors.[1], ruled that an interim moratorium under the Code does not extend to execution proceedings for penalties imposed under the Consumer Protection
SC Clarifies: Insolvency Moratorium Can’t Be Used to Evade Consumer Penalties Read More »
Introduction The Arbitration and Conciliation Act, 1996, (Hereinafter referred as ‘the Act’) was enacted to promote arbitration as a swift, efficient and cost-effective mechanism for dispute resolution. Sections 34 and 37 of the Act are pivotal in maintaining a balance between judicial intervention and arbitral autonomy. While Section 34 restricts the grounds for challenging an
Expanding Court Powers Under Section 37: Appeals Against Arbitral Awards Read More »
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
Challenge and Enforcement of Arbitral Awards: Public Policy and Patent Illegality Read More »
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
Challenge and Enforcement of Arbitral Awards: Public Policy and Patent Illegality Read More »
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
Stamping of Digital Agreements Read More »
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
Can Arbitral Award be modified by Court Read More »
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
Quashing of Complaint – Seeds Act. Read More »
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
“Pay if Paid” & “Pay when Paid” clause in back-to-back agreements Read More »
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
Artificial Intelligence and the Law : Boon or Bane ? Read More »
