Legal Insight | Practical Wisdom
We at H.K. LAW OFFICES, provide insights to landmark judgments, rising legal issues, recent pronouncements, statute analysis, recent developments in law, articles on understanding of various laws and clarifying legal positions.
MEDIATION BILL 2021
By Aditya Kashyap Intern, H.K. Law Offices What is Mediation? Mediation is one of the most common types of alternative dispute resolution (ADR). In this process, a neutral third party acts as a facilitator to assist the parties in resolving their differences and coming to an agreement. A mediator is a third party who remains…
Arbitral Award: The Road to Reducing Judicial Intervention in Arbitration
BY LABDHI JAIN INTERN, H.K. LAW OFFICES Introduction An Arbitration Award is essentially a decision issued by an Arbitration Tribunal in an arbitration procedure and is comparable to a judgement issued by a court of law. Nonetheless, the aggrieved party may use of the remedies provided against arbitral rulings on specific reasons. Section 34 of…
International Arbitration of Intellectual Property Disputes with special emphasis on Validity Issues
BY ENAKSHI SARKAR LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION Intellectual property (IP) litigation is widely perceived to be highly complex, unpredictable, and expensive. IP litigation is also frequently international in scope, involving IP rights emanating under the laws and procedures of multiple jurisdictions. Arbitration offers many obvious advantages over national courts and administrative agencies for…
INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES
By Bhavy Jyoti Sharma Legal Intern, H.K. Law Offices ABSTRACT International commercial arbitration is a very big aspect of dispute resolution because most of the disputes are settled under its ambit. Thus, it is one of the very important fields where India as a country needs to be ahead. India needs to be a hub…
Resolving Energy Disputes Through Arbitration
By Rudrani Ghosh Legal Intern, H.K. Law Offices The energy sector began to develop in the first half of the 20th century and grew rapidly ever since then. The energy sector is extremely crucial in the development of a country’s economy but is also a key contributor to global warming. Yet due to its commercial…
The Salient Features of Competition Act,2002 along with Important Definitions & Precedents
BY LABDHI JAIN LEGAL INTERN, H.K. LAW OFFICES “Competition is the key to success.”[1] ABSTRACT When markets work hard, they bring sustainability, profits, efficiency, innovation and long-term benefits to the economy. Competition law is one of the laws aimed primarily at eradicating anti-competitive practices by preventing the abuse of anti-competitive contracts and prevailing market conditions. The…
ANIMAL WELFARE: STATUS, ABUSE, RIGHTS AND LAWS IN INDIA
BY RIYA MALHOTRA LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION Since the beginning of civilization, there has been continued exploitation of animals for medical research, human consumption, industrial use, entertainment and trafficking. To satisfy this human lust, and to save and secure our lives, animals are mistreated, prematurely killed, and considered to have no dignified existence.…
CORPORATE & CROSS BORDER INSOLVENCY LAW IN INDIA WITH COMPARATIVE ANALYSIS OF LAW IN UNITED STATES
BY MEGHANA SRINIVAS LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION The globalisation of economy invited its own set of pros and cons. An issue that has assumed greater significance is that of corporate insolvency. The realms of cross-border insolvency law has multiplied on a macro level considering that the Indian economy opened up its gates for…
MARITAL RAPE: GROUND REALITY OF CONTEMPORARY INDIA
By Anshika Prakash Legal Intern, H.K. Law Offices The semantic understanding of Rape is, non-consensual or forced intercourse with someone but different perspectives push through when you consider the act of rape in the setting of a marriage in India. In a country that considers marriage a sacred institution, marital rape not only becomes hotly…
THE TORT OF PASSING OFF: A CRITICAL ANALYSIS
BY RIDDHI KASHYAP INTERN, H.K. LAW OFFICES ORIGIN AND EVOLUTION The tort of Passing-Off has originated from Common laws. It is pretty regular in countries like United Kingdom, Philippines, and New Zealand. In the case of Frank Reddaway Ltd v. Banham[1], Lord Halsbury held that common law protects a man’s goodwill and rights and prevents others from…
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