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 remainsContinue reading “MEDIATION BILL 2021”
Category Archives: Law of Contract
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“
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. TheContinue reading “The Salient Features of Competition Act,2002 along with Important Definitions & Precedents”
ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE
BY SHREYA PRIYADARSHNI LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION 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,Continue reading “ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE”
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”
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”
Repudiation of Contract of Insurance
By- Ramaditya Jadon Legal Intern, H.K. Law Offices 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 occursContinue reading “Repudiation of Contract of Insurance”
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