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  • Article

    Arbitration Agreements Outside The Scope Of A Signed Document: An Unconventional Mechanism To Submit A Dispute To Arbitration

    The Arbitration and Conciliation Act, 1996 ("the Act"), requires the parties to submit their disputes to arbitration arising out of a defined legal relationship.
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    The Digital Rupee: A Paradigm Shift For Indian Financial Landscape

    Humanity's history is intricately woven with the evolution of money. From the cumbersome bartering of goods like livestock and grain to the seamless tap of a smartphone...
    IndiaFinance and Banking
    AKS Partners
    AKS Partners
  • Article

    Joinder Of Non-Signatories In International Commercial Arbitrations

    Arbitration as a form of dispute resolution mechanism is again on a rise in the country over the last few years due to introduction of several key features inter alia minimum judicial intervention, recognition and enforceability ...
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    Withdrawal Of A Plaintiff From A Suit – Do Co-Plaintiffs Have A Say?

    Under the scheme of the Code of Civil Procedure, 1908 ("CPC"), a plaintiff, who has instituted a suit before the court, also has the right to withdraw from such suit.
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    Pre-Pack Arrangement And IBC: Better Late Than Never

    The advent of Covid19 pandemic has not only caused fatal disruption in the normal lives of the population across the globe, but has also posed a herculean challenge before the governments and the ruling dispensation ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AKS Partners
    AKS Partners
  • Article

    International Financial Services Centres Authority: All About The Gift City Regulator (Part I)

    India by setting up its first International Financial Services Centre ("IFSC") in 2015 had facilitated its journey towards economic development.
    IndiaFinance and Banking
    AKS Partners
    AKS Partners
  • Article

    Environmental Obligations In Investor-State Arbitrations: The Investor Perspective

    With globalisation, trade has grown beyond boundaries over the course of time. In a bid to keep up with the need to attract further growth and development, States have generally been keen on attracting foreign investors and investment.
    IndiaEnvironment
    AKS Partners
    AKS Partners
  • Article

    Voiding Of Supplementary Contracts Made Under Economic Duress

    Initiating arbitration and claiming damages for breach of contract by the other side seems the normal course of action in most cases wherein the contract has an arbitration clause.
    IndiaCorporate/Commercial Law
    AKS Partners
    AKS Partners
  • Article

    Guesstimate – Honest Guesswork In Quantification Of Damages By The Arbitral Tribunal

    In arbitrations, quite often parties employ all their strength and resources in proving the breach of contract. However, they may not always succeed in making a case for the quantification of damages claimed.
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    Tricks, Trap, And Tips For Drafting Of An Arbitration Agreement

    In today's time, a contract forms the basis of any commercial relationship. As the parties run a frequent risk of having disagreements that may lead to disputes...
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    Demistyfing The Cryptic Yet Simple Digital Personal Data Protection Act, 2023

    In our increasingly connected and digitized world, data privacy has emerged as a fundamental concern and has become an integral aspect of our lives.
    IndiaPrivacy
    AKS Partners
    AKS Partners
  • Article

    Monthly Newsletter - March 2021

    As India is trying hard to establish itself as an arbitration friendly jurisdiction, the long unresolved controversy of ‘seat vs. venue' must be addressed authoritatively and promptly.
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    Monthly Newsletter - December 2021

    ‘Anti-arbitration Injunction' ("AAI") remains a contentious topic of discussion in the realm of arbitration, wherein different courts have evolved diverse principles in deciding such suits.
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    The ‘Essential Security Exceptions' Under GATT: Curbing The Subjectivity

    In the evolution from protectionism to liberalisation, while member states of WTO have generally agreed to liberalise their respective trade barriers, States do possess some leeway when it comes to the ‘essential security' exceptions.
    IndiaInternational Law
    AKS Partners
    AKS Partners
  • Article

    Making Of Arbitration Award Induced By Fraud Or Corruption – The Conundrum Of Applicability Of Limitation Period

    An award passed in an arbitration proceeding is considered to be in conflict with the public policy of India inter-alia if the making of the award is induced by fraud or corruption.
    IndiaCriminal Law
    AKS Partners
    AKS Partners
  • Article

    Does A Forum Selection Clause Override The Jurisdiction Of The Seat Of Arbitration?

    It is settled law that the designation of a place as the seat of arbitration in an arbitration agreement, vests the courts at such place with exclusive supervisory jurisdiction over the arbitration proceedings arising from said arbitration agreement.
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners
  • Article

    FDI In Digital Media: Muddying The Waters For Digital Media Entities

    The Department for Promotion of Industry and Internal Trade ("DPIIT") on 18 September 2019 released Press Note 4 of 2019 ("Press Note 4").
    IndiaGovernment, Public Sector
    AKS Partners
    AKS Partners
  • Article

    Monthly Newsletter - February 2021

    Arbitration, as an alternative dispute resolution mechanism, is intended to resolve parties' disputes in a private and efficient manner.
    IndiaIntellectual Property
    AKS Partners
    AKS Partners
  • Article

    Blockchain And Data Privacy: An India Perspective

    Article 21 of the Indian Constitution is a comprehensive, all-encompassing provision that inheres within itself basic, fundamental rights that are absolutely essential to the existence of a human being with dignity and personal liberty.
    IndiaTechnology
    AKS Partners
    AKS Partners
  • Article

    Is An Arbitral Tribunal Permitted To Lift The Corporate Veil In An Arbitration Proceeding?

    The doctrine of corporate personality is one of the cardinal principles of company law. A company has a distinct legal personality from its shareholders, and this principle is known as the "corporate veil".
    IndiaLitigation, Mediation & Arbitration
    AKS Partners
    AKS Partners

Showing 41–60 of 69 results

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