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  • Article

    International Commercial Arbitration Between India And United States Of America

    The importance of transnational commercial arbitration has been recognized the world over. The aim is to achieve the sole objective of resolving the dispute timely ...
    IndiaLitigation, Mediation & Arbitration
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    "Loss Of Profit" And "Loss Of Profitability" – The Standard Of Proof And Need For Distinction

    Loss of profit and loss of profitability are two distinct concepts. The Hon'ble Delhi High Court in Ajay Kalra v. DDA1, while observing the frequent...
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
S&A Law Offices
  • Article

    Reconciling A Conflict Between Seat Of Arbitration Clause And Exclusive Jurisdiction

    In present day arbitration jurisprudence, the principle of territoriality is generally followed to determine which courts have exclusive jurisdiction.
    IndiaLitigation, Mediation & Arbitration
    Advaya Legal
    Advaya Legal
  • Article

    Strict Compliance Of Section 29(C) Of The Code Of Civil Procedure Code,1908 By Foreign Courts Under The Hague Convention, 1965

    India has acceded to the Convention in 2006, subject to its declarations with respect to Articles 8, 10, 15 and 16 thereof.
    IndiaLitigation, Mediation & Arbitration
    MZM Legal, Advocates & Legal Consultants
    MZM Legal, Advocates & Legal Consultants
  • Article

    Supreme Court: Difference Between Inadequacy Of Reasons In Arbitral Award And Unintelligible Awards

    The sole objection herein, was with reference to claim No. (2), that is, with respect to losses due to unproductivity of the men and machineries.
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    "Sadharan" But Not Disparaging: Court Shuts Down Emami's Challenge To Dabur's Ad

    In a significant ruling on comparative advertising and product disparagement, the Division Bench of the Calcutta High Court in Emami Limited v. Dabur India Limited dismissed Emami's appeal against Dabur's advertisement for its product "Cool King."
    IndiaMedia, Telecoms, IT, Entertainment
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    The Ongoing Benefits Of Space Exploration: How Commercial Expansion Continues To Serve Humanity

    The recent surge in commercial space exploration is not merely a fleeting trend; it represents a paradigm shift with far-reaching implications for humanity.
    IndiaMedia, Telecoms, IT, Entertainment
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Though Click-Wraps Are Legal, Can Minors Enter Click-Wraps

    The article analyzes the legality of click-wrap contracts by minors in the era of technological advancements with reference to various judicial pronouncements and statutes.
    IndiaMedia, Telecoms, IT, Entertainment
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Lease Or Leave And License: Dynamics For Commercial Decisions

    The query regarding the feasibility of a lease and leave and license is often answered through commercial feasibility in terms of the applicable stamp duty, particularly in Maharashtra.
    IndiaReal Estate and Construction
    Agama Law Associates
    Agama Law Associates
  • Article

    Leases For Commercial Spaces

    Section 19 of the Indian Contract Act, 1872 provides that in an agreement where consent to an agreement if caused by coercion, fraud or misrepresentation...
    IndiaReal Estate and Construction
    Alpha Partners
    Alpha Partners
  • Article

    Redevelopment Laws In Mumbai Explained: Rights Of Tenants, Societies & Developers

    Urban redevelopment has become a defining feature of Mumbai's real estate landscape. Ageing buildings, structural risks and space constraints have made redevelopment inevitable across residential, commercial and mixed-use...
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Collision Claims

    A collision is said to exist when there is contact between two ships regardless of whether they are moving or at anchor.
    IndiaTransport
    TMT Law Practice
    TMT Law Practice
  • Article

    The Hormuz Trap: Why Indian Importers Don't Have To Pay The War Surcharge

    The shipping lanes connecting India to the Middle East have turned into a commercial battlefield. For three months, an ongoing conflict has effectively choked the Strait of Hormuz, leaving cargo bound for India stranded at sea or held back at origin. For Indian manufacturers and importers dependent on this corridor, shipments are now routinely delayed by two months or more.
    IndiaTransport
    Foresight Law Offices
    Foresight Law Offices
  • Article

    Contract-dictory: Are Third-Parties Allowed To Claim Indemnity?

    An indemnity clause is a standard provision in a contract. By definition, Section 124 of the Indian Contract Act, 1872, defines a ‘contract of indemnity' whereby one party of the contract promises to save the other party from any loss or damage caused to the Indemnified Party, owing to any conduct of the Indemnifying Party.
    IndiaCorporate/Commercial Law
    GameChanger Law Advisors
    GameChanger Law Advisors
  • Article

    Integrating The Social Stock Exchange Into India's CSR Framework

    Corporate Social Responsibility (“CSR”) in India is a statutory obligation under Section 135 of the Companies Act, 2013 (the “Act”), requiring eligible companies to constitute a CSR Committee, formulate a CSR Policy and spend at least 2% of their average net profits of the preceding three financial years on activities specified under Schedule VII of the Act.
    IndiaCorporate/Commercial Law
    HSA Advocates
    HSA Advocates
  • Article

    Redressals For MSME Grievances And Its Procedure

    Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 contains the provisions of Delayed Payments to the Micro and Small Enterprises (MSEs). For these provisions to be enacted...
    IndiaCorporate/Commercial Law
    Upscale Legal
    Upscale Legal
  • Article

    Insolvency Law Newsletter For September 2021

    This newsletter covers key updates about developments in the Insolvency Law during the month of September 2021.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Seat And Venue Of Arbitration: Which One Binds?

    In arbitration, when two parties fall into a dispute, they go back to their agreement. That agreement usually names a place where the arbitration will happen. Sometimes it names two places, one where the proceedings...
    IndiaLitigation, Mediation & Arbitration
    Kochhar & Co.
    Kochhar & Co.
  • Article

    "Liquidated Damages" And "Legitimate Interest Test" – An Impetus To Catch Up With Evolving Commercial Perspectives

    The quest of the contracting parties to secure themselves against breaching acts of the opposite contracting party led to the conceptualization of "Liquidated Damages".
    GlobalCorporate/Commercial Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Impact Of COVID-19 On Indian Commercial Contracts

    The outbreak of COVID-19, the pathogen causing coronavirus has been widely reported and the suffering consequences still continue.
    IndiaCoronavirus (COVID-19)
    Singhania & Partners LLP
    Singhania & Partners LLP
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