Agreement

Enforceability of Arbitration Agreements Against Legal Representatives of a Deceased Party

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 […]

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

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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Is a Party Bound to Pay Damages as Specified in an Agreement?

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

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