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 […]
Quantum Meruit: Anequitable Remedy Read More »
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
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
Can commercial Court proceed in a matter with summary trial? Read More »
Legal Era awarded “40 Under 40 Rising Star Award 2022”,to Varun S Ahuja in recognisation for his outstanding achievements and professional excellence industry-wide. Previous Next
Varun S Ahuja conferred “40 Under 40 Rising Star Award 2022” by Legal Era Read More »
Introduction: Arbitration as a mode of Alternate Dispute Resolution came into existence with a very important objective, i.e., to speed up the process of dispute resolution.[1] To meet this objective the legislation and Courts have time and again made efforts to minimize the interference of the Court in the arbitration process.[2] Whenever an arbitral award
Analysing the Conundrum under Section 34 of the Arbitration Act Read More »
Introduction: Globally, arbitration has taken over as the standard method for resolving commercial disputes. By allowing them to choose a fair and adaptable arbitration forum, it gives parties a significant amount of control. However, before courts and arbitral tribunals, the arbitrator’s capacity to arbitrate is always given primary priority. In various situations, the word “arbitrability”
Explicative analysis on subject matter of non-arbitrable disputes Read More »
Frustration of Contract is based on the maxim “les non cogit ad impossibilia” which means that the law will not compel a man to do what he cannot possibly perform. Merriam Webster defines the term contract: “a binding agreement between two or more persons or parties especially: one legally enforceable”. Merriam Webster defines the term
Frustration of contract Read More »
INTRODUCTION ‘Arbitration’ refers to ‘a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.’– WIPO. Although arbitration is often referred to as
Independence of Arbitrator Read More »
An agreement enforceable by law is a contract.[i] There are times when a contract’s terms and conditions are not followed or are breached by one of the parties. The party who breaches the contract is referred to as the defaulting party. There are remedies available in the event of a breach, which might include damages
Is a Party Bound to Pay Damages as Specified in an Agreement? Read More »
Foreign Direct Investment refers to an investment by a foreign company in India directly either by setting up a wholly owned subsidiary or indulging into a joint venture, and carry on their business in India. FII is when foreign investors invest in the shares of Indian listed company or in bonds offered by an Indian
FDI & FII Investment Policy in
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