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  • Article

    Unravelling The Veil Of Apprehensions Surrounding The Arbitrability Of Fraud: Time To Espouse The Pro-Arbitration Approach

    The expansion of business opportunities, both in the national and international sphere has led to an upsurge in the volume of commercial contracts containing an arbitration clause.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Admissibility Of Illegally Obtained Evidence: Juxtaposing Practices Followed In Indian Judiciary With Arbitration

    The issue of admissibility of illegally obtained evidence comes with its own legal, moral, and ethical concerns. In India, the courts have settled this issue by pronouncing judgements favouring admissibility of such evidence.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Cracking The ESG Conundrum: Is Arbitration The Key To Resolution Of ESG Disputes?

    International Commercial Arbitration as a dispute resolution mechanism is indeed a much educational, fascinating, and compelling field, and looking for other areas that may become its subject would be interesting.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Indus Waters Treaty: A Legal Perspective

    The Indus Waters Treaty, 19601, has been in the news of late. Most discussions have revolved around India's decision to put the Treaty in abeyance following the Pahalgam terrorist attack.
    IndiaGovernment, Public Sector
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    A Tale Of Two Nations And Their Perspective: Comparative Study Of India And China's Attitude Towards Enforcement Of Foreign Arbitral Awards On Public Policy Ground

    The credibility of a jurisdiction in having an arbitration-friendly regime is primarily based upon its enforcement mechanism because the greater is the efficiency of the mechanism...
    WorldwideLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    The Third Version Of The Draft Code Of Conduct For Adjudicators: Is It Effective In Silhouetting An Ideal Mechanism For The Regulation For Double Hatting?

    Double hatting has been a pertinent issue in the arena of international arbitration for more than a decade now. It has raised concerns over legitimacy of arbitration as an alternative dispute resolution mechanism.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Tracking Down The Courts In The Interplay Between The Arbitration Act, 1996 And The MSMED Act, 2006: Who Overrides Whom?

    Party autonomy principle allows parties to an agreement to decide the mode of settlement of disputes and the procedure involved therein.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    The Future Of Technology In Arbitration: AI And Blockchain

    The field of arbitration has been experiencing significant changes over the last few years, with advancements in technology playing a key role.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Resolving The Conundrum Of Arbitrability Of Disputes In Financial Services Disputes Resolution

    The Parliament made sweeping changes to the Indian Arbitration & Conciliation Act, 1996 to expedite disputes resolution process and promote their use-case and application to market-wide players.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Litigation Dispute Resolution Comparative Guide

    Litigation Dispute Resolution Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Doing Business In India - A Legal Overview

    Kachwaha & Partners are pleased to present the guide on doing business in India
    IndiaCorporate/Commercial Law
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    The Conundrum Of Arbitrability Of Intellectual Property Rights Disputes In India: An Analysis

    The article endeavours to delve into the conundrum that is of the arbitrability of IPR disputes in India.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Traversing The Highs And Lows Of Judicial Intervention In Arbitration

    All of these decisions from 2021 have contributed towards settling some contentious issues within the realm of Section 34 with a long history of conflicting pronouncements.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Construction And Engineering 2021

    The construction industry in India does not subscribe to any standard form of construction contract; however, some of the commonly used forms include the suite of contracts published by FIDIC, ICE, and the model published by IIA.
    IndiaReal Estate and Construction
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Resolving The "Existential" Crisis Of Section 11 Of The Arbitration & Conciliation Act

    The seemingly innocuous use of the term ‘existence' in Section 11(6A) of the Indian Arbitration Act has been the subject of intense interpretative debates.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Doing Business In India - A Legal Overview - Part 2

    Kachwaha & Partners are pleased to present the guide on doing business in India
    IndiaIntellectual Property
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Making A Case For The Unilateral Optional Clause: A Jurisprudential Analysis

    Natasha is a student of NALSAR University of Law, Hyderabad and Winner of the 1st Prize of the 9th Ed. of Arb Excel Essay Writing Competition.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    International Arbitration 2009

    What, if any, are the legal requirements of an arbitration agreement under the laws of India?
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Enforcement Of Arbitration Awards In India (Part 2)

    A jurisdiction’s credibility as an arbitration friendly one rests primarily on the efficiency and efficacy of its award enforcement regime.
    IndiaLitigation, Mediation & Arbitration
    Kachwaha & Partners
    Kachwaha & Partners
  • Article

    Business Crime 2021

    India has a quasi-federal political structure comprising 29 states and seven centrally administered Union Territories.
    IndiaCriminal Law
    Kachwaha & Partners
    Kachwaha & Partners

Showing 41–60 of 62 results

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