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: Legal Profession in India
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“
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”
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 forContinue reading “CORPORATE & CROSS BORDER INSOLVENCY LAW IN INDIA WITH COMPARATIVE ANALYSIS OF LAW IN UNITED STATES”
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 fromContinue reading “THE TORT OF PASSING OFF: A CRITICAL ANALYSIS”
Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021
BY SHIVAM SHARMA INTERN, H.K. LAW OFFICES INTRODUCTION Children are always attributed with innocence, beauty, and without a possibility of malignity in them. They are the torch bearers of our nation and hence they shall be treated equally as adults. Their life and liberty shall be considered as important as adult citizens of the nation.Continue reading “Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021”
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”
H.K. LAW OFFICES 