Grant of Anti-Arbitration Injunctions in India – Recent Developments
Anti-arbitration injunctions have always masqueraded as a quandary for lawyers and judges alike. In a world moving towards a pro-arbitration system of dispute resolution, interference by courts is...
Leave a Comment / Uncategorized / By admin 28 September, 2020
Selection of Arbitrators – Why Judges & Lawyers make for a better choice
By Hon’ble Mr. Justice (Retd.) Tapen Sen, Fr. Judge, High Court (Court of Appeals) and Arbitrator. HMJ Tapen Sen has served as a Judge at Calcutta High Court,...
Leave a Comment / Uncategorized / By admin 22 September, 2020
Decree Holders as Financial Creditors – Can they approach NCLT under IBC?
Recently, the National Company Law Appellate Tribunal (NCLAT) has recapitulated that a decree holder cannot initiate a corporate insolvency resolution process (hereinafter referred to as ‘CIRP’) for execution...
Leave a Comment / Uncategorized / By admin 16 September, 2020
Arbitrations and the violations of Rule of Law – A Breach of Public Policy?
Amidst the procedural complexities and plethora of rules and regulations governing arbitration proceedings, an aspect which is often overlooked is the relevance of the Rule of Law in...
Leave a Comment / Uncategorized / By admin 7 September, 2020
Protecting privacy of Individual or legalizing control by State? Decrypting the Data Protection Bill
The misuse of personal data has been the Achilles heel to many Indian nationals for quite some time now. With personal information easily available, owing to the marked...
Leave a Comment / Uncategorized / By admin 2 September, 2020
Arbitrability of Fraud in India
Arbitrability of disputes involving allegations of fraud has always entailed uncertainty and unpredictability in the actions of the courts in India. Consider a case where one party in...
Leave a Comment / Uncategorized / By admin 29 August, 2020
The Role of Consent in International Jurisdiction
Written by Shantanu Kanade Shantanu is a qualified international lawyer based in the Netherlands. He focusses on international dispute settlement. He is an experienced M&A lawyer as well...
Leave a Comment / Uncategorized / By admin 13 August, 2020
E-Commerce Rules, 2020 – Consumer Protection in E-Commerce Markets in India
Recently, the government of India notified the Consumer Protection (E-Commerce) Rules, 2020 (hereinafter referred to as ‘Rules’), under the Consumer Protection Act, 2019 (hereinafter referred to as ‘Act’),...
Leave a Comment / Uncategorized / By admin 4 August, 2020
Custodial Deaths and the Rule of Law
Thomas Fuller once famously quoted ‘Be you never so high, the Law is above you.’ In the preceding months, the issue of custodial death has certainly come to...
Leave a Comment / Uncategorized / By admin 10 July, 2020
The Regulation of Medical Devices in India
The Ministry of Health and Family Welfare has recently notified the Medical Devices Amendment Rules, 2020 (hereinafter referred to as ‘Rules’). Under these Rules, the government has notified...
Leave a Comment / Uncategorized / By admin 22 June, 2020