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 neutral and objective while facilitating a settlementContinue reading “MEDIATION BILL 2021”
Category Archives: Law of Contract
INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES
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 of international commercial arbitration, to succeed in the field. Thus,Continue reading “INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES“
Resolving Energy Disputes Through Arbitration
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 and economic significance, it isn’t uncommon to seeContinue reading “Resolving Energy Disputes Through Arbitration“
The Salient Features of Competition Act,2002 along with Important Definitions & Precedents
“Competition is the key to success.”[1] 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 purpose of this Section is to explore key aspectsContinue reading “The Salient Features of Competition Act,2002 along with Important Definitions & Precedents”
ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE
The term ‘decree’ literally means ‘an official order given by a government or a ruler. It also means an order having the force of law. The Code of Civil Procedure, 1908 (CPC) defines the term ‘decree’ under section 2(2). As per the Code of Civil Procedure, 1908 decree means “the formal expression of an adjudicationContinue reading “ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE”
E-CONTRACT: EVOLUTION FOR POSTMODERN
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 about a paperless contract? Isn’t it a reality yet?Continue reading “E-CONTRACT: EVOLUTION FOR POSTMODERN”
RES JUDICATA: THE RULE OF CONCLUSIVENESS
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 reopen it in a subsequent litigation. It was heldContinue reading “RES JUDICATA: THE RULE OF CONCLUSIVENESS”
ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT
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 be a lawfully official contract. Consolidation of rules chosen withContinue reading “ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT”
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, H.K. Law Offices WHAT IS ANTI-SUIT INJUNCTION?Continue reading “LAW ON ANTI-SUIT INJUNCTION IN INDIA”
Repudiation of Contract of Insurance
If there is a valid contract, it can be repudiated. To be valid, a contract must include the following elements an offer, an acceptance of that offer for a consideration that will result in an agreement[1]. An agreement enforceable by law is a contract.[2] Repudiation of contract occurs when one party does not intend to fulfilContinue reading “Repudiation of Contract of Insurance”
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