Introduction As a process centered around party autonomy, the consent of the parties plays a pivotal role in Arbitration. In furtherance of that, we must ask ourselves, does the previous conduct of parties supersede and override present consent and intention to arbitrate or not? This issue is particularly significant in the context of Section 7(5) […]
In this post, the author analyzes the existence of dotted line contracts in commercial transactions and sheds light on the existing lacuna in assessing the same within the Indian context.
In this episode of TCLF One-on-One, Ms. Deeksha Manchanda, a Competition Law Partner at Chandhiok & Mahajan Advocates talks about Blockchain & Anti-Trust Law and much more.
TCLF ONE-ON-ONE| Ep. 21 ft. Ms. Deeksha Manchanda : Blockchain & Antitrust Law Read More »
In this post, the author, through a doctrinal and reform-oriented approach, explores the means of more effective means of inclusion of ADR for resolution of disputes under the recent farm law enactments by the Union Legislature. The author does so by critically analysing the consequences of the prescribed conciliation procedure and the discretion afforded to the executive, and makes suggestions to ensure fairer adjudications of such disputes emanating under the law, and the quicker resolution of such disputes by changing the means in which ADR can be enabled.
Enabling Alternate Resolution For Our Very Own Countrymen: ADR Under Farm Laws, 2020 Read More »
In this episode of TCLF One-on-One, Dr. Hayleigh Bosher ,Senior Lecturer in Intellectual Property Law at Brunel University London talks about Copyright in music industry and much more.
TCLF ONE-ON-ONE| Ep. 20 ft. Dr. Hayleigh Bosher : Copyright in the Music Industry Read More »
In this article, the author attempts to bring clarity to the issue concerning the entitlement of tenants to seek waiver/ suspension of payment of rents, in the absence or presence of a Force Majeure clause under commercial lease/ license agreements, during the period of lockdown as well as post lockdown.
In this post, the author decodes the regulatory framework concerning flight refunds in India and argues that airlines should provide full refund to passengers who made their bookings prior to the lockdown.
COVID Flight Cancellation and the ‘Credit Shell’ Dilemma Read More »
In this post, the author highlights the impact of the COVID-19 crisis on the highly productive oil industry. The author proceeds on to discussing the Indian regime relating to production sharing contracts. Further, the author highlights the significance of the six member panel appointed by the central government for the recovery of profits and review of the existing production sharing contracts between the contractors and the Government.
Production Sharing Contracts: A hope for Financial Recovery Read More »
In this post, the author answers some important questions relating to invocation of bank guarantee in times of COVID-19. The author further makes an interesting analysis highlighting the distinction between essential and non-essential commodities and services in light of the recent Standard Retail and Halliburton judgments.
INVOCATION OF BANK GUARANTEE IN TIMES OF COVID-19 Read More »
