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
India Read More »
International Commercial Arbitration International commercial arbitration is a means of resolving disputes arising under international commercial contracts. It is used as an alternative to litigation and is controlled primarily by the terms previously agreed upon by the contracting parties, rather than by national legislation or procedural rules. Most contracts contain a dispute resolution clause specifying
Essentials of International Arbitration Agreement Read More »
The Concept of Separate Legal Entity The concept of separate legal entity w.r.t companies was firmly established in the famous case of Salomon v. Salomon & Co. Ltd. [(1897) A.C. 22]. Wherein the House of Lords while dealing with an appeal held that Salomon & Co. Ltd. was not a sham; Mr. Salomon cannot be
Lifting of Corporate Veil Read More »
As per Section 2(e) of the Indian Contract Act, 1872, Agreement refers to ‘every promise and every set of promises, forming the consideration for each other’. Further, a promise is basically an offer or a proposal, created by an individual or an entity, towards another. Agreement of Sale is generally executed in case of contingent
Enforceability of an unsigned Agreement of Sale Read More »
There are nearly 138 million elderly persons in India in 2021, including 67 million men and 71 million women, according to the report by Bloomberg Quint. An increase of nearly 34 million elderly persons was seen in 2021 over the population census of 2011. This number is expected to increase by 56 million by 2031.
Senior Citizens- Issues- Problems and Remedies Read More »
AUCTION PURCHASE UNDER IBC AND DRT IN INDIA : “Law makes a clear distinction between a stranger (third party purchaser) and a decree-holder purchaser at a court auction. The strangers are protected for being neither a necessary or connected party to the suit/decree. The basic principle behind the said protection is that the court sales
Auction Purchase Under IBC and DRT in India Read More »
THE CONCEPT OF CORPORATE RESTRUCTURING : “Corporate restructuring is one of the mechanisms that can be waged to encounter the challenges and problems which confront business. The law should be slow to retard or impede the discretion of corporate enterprise to absorb the needs of changing times and to cater the demands of increasing competition.
CORPORATE RESTRUCTURING- MERGER AND POST-MERGER
COMPLIANCES Read More »
The judgment in the matter of Hyder Consulting was delivered by a three Judge bench and was a majority judgment. The majority decision disagreed with the judgment in S.L. Arora case. The majority held that the interest given under Section 31(7) of the Act will also apply to the interest pendente lite. They argued that
Award of Interest in Arbitration award in India Read More »
