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 ofContinue reading Arbitral Award: The Road to Reducing Judicial Intervention in Arbitration

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 forContinue reading “International Arbitration of Intellectual Property Disputes with special emphasis on Validity Issues”

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 hubContinue reading INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES

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 commercialContinue reading Resolving Energy Disputes Through Arbitration

E-CONTRACT: EVOLUTION FOR POSTMODERN

BY AKSHAT UPADHYAY LEGAL INTERN, H.K. LAW OFFICES Electronic commerce is one of the byproducts of the 21st century’s economic substance, but what about contracts and all of that paperwork that used to happen? We could see new things that were unimaginable once, whether it was a paperless budget or paperless courts. But what aboutContinue reading “E-CONTRACT: EVOLUTION FOR POSTMODERN”

RES JUDICATA: THE RULE OF CONCLUSIVENESS

BY S. SRIRAM LEGAL INTERN, H.K. LAW OFFICES WHAT IS RES JUDICATA? The Principle of res judicata is enshrined under Section 11 of the Code of Civil Procedure, 1908. This principle or rule is also called as the “rule of conclusiveness”. It provides that a matter once finally decided by a competent Court, no party can reopenContinue reading “RES JUDICATA: THE RULE OF CONCLUSIVENESS”

ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT

BY LABDHI JAIN LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION An Arbitration agreement is characterized in Section 7 of the Arbitration and Conciliation Act 1996. An Arbitration agreement is a contract between two or more parties to yield the Arbitration in a particular debate that should be settled down between the parties. This assertion may beContinue reading “ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT”

RECENT TRENDS IN MERGER AND ACQUISITIONS

BY SOMYA AGRAWAL LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION In the past decade, Mergers and Acquisitions have taken over the corporate sphere globally and in that India is not far behind achieving greater mobilization of economy, especially after the removal of constructive arrangements and liberalisation of the Indian economy.  Mergers and acquisitions are those strategicContinue reading “RECENT TRENDS IN MERGER AND ACQUISITIONS”

LAW ON ANTI-SUIT INJUNCTION IN INDIA

“An in-depth analysis on common law of Anti-Suit Injunction which is substantially barred by section 41 (a) & (b) of the Specific Relief Act, 1963 yet is well established and prevailing law as interpreted in landmark judgments by Hon’ble Supreme court of India.” By– Adv. Megha Chaturvedi Associate Partner, H.K. Law Offices WHAT IS ANTI-SUITContinue reading “LAW ON ANTI-SUIT INJUNCTION IN INDIA”

PRE PACKAGED INSOLVENCY

BY SOMYA AGRAWAL LEGAL INTERN, H.K. LAW OFFICES BACKGROUND Formal insolvency proceedings are cumbersome to carry forward and involve significant direct and indirect costs so a time-efficient approach is introduced to decrease the load of courts and tribunals for which “Pre Package Insolvency proceedings” are an analogy. As the literal meaning suggests, Pre-pack insolvency meansContinue reading “PRE PACKAGED INSOLVENCY”