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Legacy > Blog (Page 2)

India’s parliament introduces Bill to alter Arbitration Law: attempt to put an end to fraudulent practices

To read the article on IBA net,   click here India’s laws relating to arbitration are largely based on the English Common Law. The Indian arbitration regime is governed and regulated by the Arbitration and Conciliation Act 1996 (the ‘Principal Act’), which derives its basis from the 1985 United Nations Commission on International Trade Law (UNCITRAL) Model on International Commercial Arbitration and the UNCITRAL Arbitration Rules of 1976. The Principal Act was passed to consolidate the laws relating to domestic arbitration, international and commercial arbitration, enforcement of foreign arbitral awards, and the law relating to conciliation. Since its inception, the Principal Act...

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The consolidation of India’s construction laws: a long overdue reform

construction laws

To read the Article on International Bar Association, click here Gagan Anand Legacy Law Offices, India Shivani Anand Legacy Law Offices, India   India’s construction sector is a manifestation of scattered legislation and uncertainty in interpretation, leading to disputes and lingering litigation. Construction laws in India are governed by various legislation, ranging from the 1872 Contract Act, to extensive statutory provisions in labour laws including a few specific laws, such as the Building and Other Construction Workers Act, 1996 and other state-specific laws and regulations. The need for amalgamated construction law arises from the lack of a uniform format for construction contracts. This in turn creates problems of...

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Pegasus project – A conspectus of laws of surveillance and the concerns over privacy

Disclaimer - This article was first published in Construction Law International in July 28, 2024 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here The Pegasus Project investigation was brought to light by the Paris-based, non-profit media group, Forbidden Stories and Amnesty International. The reports have revealed a widespread misuse of NSO Group Technologies’ spyware, Pegasus. As per NSO, Pegasus was developed to be sold exclusively to vetted governments to aid law enforcement agencies and intelligence departments to fight crime and avoid terrorism. Yet, according to...

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Automated Smart Meters: The New-Gen system of electricity regulation

To read the Article on IJPIEL, click here “A massive revolution in the electricity utility of our daily lives is going to inevitable.” We live in a world where everything is almost too easily automated and technologically fuelled. With the advent of our environment becoming more self-operating and sustaining, our utilities have not been ignored from the picture. The Maharashtra State Electricity Distribution Company Limited(“MSEDCL”), earlier this year floated tenders for the installation of 10 lakh smart meters for domestic electricity users in the State. This radical initiative started way back in 2020, when our Finance Minister, Ms. Nirmala Sitharaman announced that...

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Haryana Land Pooling Policy, 2019 – A step towards Partnership in Infrastructural Development

To read the article on Mondaq,  click here Government land acquisition techniques have undergone substantial developments and amendments. Whether it be in the form of full-fletched enactments or policies, the topic of land acquisition has maintained its position on the stance of priority on account of its importance in the infrastructural development of the State. While these policies and enactments have been diverse, their implementation has faced certain obstructions due to reasons ranging from the unavailability of land to the inability to purchase the same on account of extravagant quotation of prices by the landowners. The cumulative effect of these reasons has...

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Curbing Misleading Advertisements – A Birdview of the New Guidelines

To read the article on Mondaq,  click hereIntroductionThe Consumer Bill of Rights lists 6 important Consumer rights which are the Right to Safety, the Right to be Informed, the Right to Choose, the Right to be Heard, the Right to Seek Redressal and the Right to Consumer Education. As advertisements are an important and significant source of information related to the product and service quality & purpose, it becomes necessary that they give correct and true information to the intended consumer and are not mere baits to trap consumers to make them part with their hard earned money in exchange for...

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Can # Hashtags be protected as Intellectual Property in India?

To read the article on Mondaq, click  hereIn an ever-evolving era of digitization and mobile telephony, social media has become a quintessential platform for business development and marketing. Companies and stakeholders swear upon the dependency of businesses on social media marketing in the present times. Businesses are jumping on the band-wagon of  social networking websites like Twitter, Facebook, Instagram, etc. for increasing their outreach to prospective consumers around the world in ways, one more innovative than the other.One such way is the usage of hashtags (#) to coin a new word or expression which can potentially connect large number of...

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Attorney Client Privilege In The AI Era

To read the article on Mondaq, click here. Recently, the world has seen landmark advancements in the field of artificial intelligence where one of the most popular innovation, has been the release of an application called Chat GPT, which has been described as an artificially intelligent chat-bot which generates user specific, human-like results for an individual. Chat GPT was designed by a company called Open AI, which is an AI research and deployment company based in the United States of America. Other than the said radical technology, the company was also responsible for the development of other artificially intelligent applications known...

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India’s 2030 goals: a sustainable and technologically sound construction nation

To read the article on the IBA website, click  here As a developing country with the second largest population in the world, India is arguably highly dependent on construction. According to the submission made by the Ministry of Environment, Forests and Climate Change (MoEFCC) of India to the United Nations Framework Convention on Climate Change (UNFCCC) dated November 2022, the nation’s buildings account for 40 per cent of the country’s total energy consumption, with such energy use expected to increase at an annual rate of eight per cent. The MoEFCC further predicts the development and construction of over 900 million square...

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Consent & The Doctrine of “Group of Companies

To read the article on Legal500, click here Contentious (/kənˈtenʃəs/) “likely to cause people to disagree” as defined in Oxford Learner’s Dictionary is the perfect representation for the concept of “Group of Companies” in arbitration, in various jurisdictions around the world. Its inception can be attributed to the provisional ruling in the notable case of Dow Chemical v. Isover Saint Gobain[1] (“Dow Chemical”), which was decided by the International Chamber of Commerce (ICC) Tribunal in Paris, wherein it was held that “the arbitration clause expressly accepted by certain of the companies of the group should bind the other companies which, by virtue of their...

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