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High moral and ethics standards.
Legacy > Blog (Page 2)
05 June
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Satluj Jal Vidyut Nigam vs. Jaiprakash Hyundai Consortium & Ors. – Case Analysis

Posted by Gagan Anand and Vidhi Koolwal
in Published Articles

To read the article on Mondaq, click here. In the recent case of Satluj Jal Vidyut Nigam, the Hon'ble High Court of Delhi held that an arbitrator cannot decide a case on the basis of a mathematical calculation which is not supported by evidence. The judgment in this case invoked the ever-growing debate on the importance of adaptation of a reasonable duty of care by the arbitrators in deciding a matter, especially one pertaining to a construction dispute, where stakes are undoubtedly very high. The role of an Arbitrator has been set in law as that of aiding the parties in reaching...

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05 June
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The Rise Of Artificial Intelligence & The Future Of Personality Rights

Posted by Aamir Zafar
in Published Articles

To read the article on Mondaq, click here. "Artificial intelligence is growing up fast, as are robots whose facial expressions can elicit empathy and make your mirror neurons quiver." – Diane Ackerman Artificial intelligence (AI) has a long history that can be traced back to the eighth century BCE when Hephaestus created "attendants made of gold, which seemed like living maidens," as depicted in Homer's Iliad. The term "artificial intelligence" itself, however, was not coined until the 1950s, when John McCarthy defined it in 1955. AI systems use algorithms to process input data to predict outcomes, solve problems, and initiate actions. Historically, AI...

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05 June
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Simplyifying the Commercial Courts Act, 2015

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. The Ban List: CPC, 1908 provision not applicable to Commercial Suits filed under the Commercial Courts Act, 2015 The Commercial Courts Act, 2015 ("Act of 2015") is an improvement over the Code of Civil Procedure, 1908 ("Act of 1908") in respect of commercial disputes. This Act is a handmaid to the Act of 1908 to provide speedy disposal of commercial suits. Various amendments have been made to the Act of 1908 in furtherance of the objectives of the Commercial Courts Act. Commercial suits are those where cause of action is arising out of...

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05 June
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Securing A Claim For Bonus In Arbitration: A Contractor’s Guide

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. The Clause for Early Completion Bonus ('Bonus') is provided in works contracts with the intention to reduce the time taken for completion that would normally be required. This is done by incentivising the contractor with a right to claim a certain percentage of the contract price as a bonus in case the actual completion date precedes the scheduled completion date. The contract may provide for such Bonus on early completion of a milestone, substantial work, or the complete project itself before the scheduled completion date. The advantage of inserting such a provision in a...

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

Posted by Mr. Gagan Anand
in Published Articles

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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05 June
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The Changing Phases Of Arbitration Laws In India

Posted by legacy
in Published Articles

To read the article on Mondaq, click here Arbitration Law in India is governed chiefly by Arbitration & Conciliation Act, 1996 (Act) which is based on the UNCITRAL model and came into force on August 22, 1996. This Act's primary objective is to provide speedy and effective dispute resolution for both International & Domestic commercial arbitration, Conciliation and Enforcement of Foreign Awards in India. Significantly, filing of an application under section 34 provided automatic stay of Awards by convention till 2015 Amendment came into picture. The Act is an evolving legislation and has gone through major amendments in 2015, 2019 and more...

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05 June
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Securities And Exchange Board Of India (SEBI) Tightens Insider Trading Regulations By Broadening The Definition Of ‘Connected Persons’ And Introducing The Definition Of ‘Relatives’.

Posted by Pradyun Chakravarty
in Published Articles

To read the article on Mondaq, click here. After SEBI's quarterly board meeting, held on September 30, 2024, the regulator has, strengthened its anti-insider trading rules i.e. the SEBI (Prohibition of Insider Trading) Regulations, 20151 (the "PIT Regulations"), by broadening the definitions of 'connected persons' and 'immediate relatives'. The PIT Regulations, which came into effect in May, 2015, were designed to level the playing field for all investors by preventing insider trading activities. However, lately, there has been growing cases of individuals & entities exploiting their access to UPSI to gain an unfair advantage in the securities market. Presently, under the PIT Regulations,...

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05 June
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Quoting Identical Prices In Tender Not Itself A Conclusive Proof Of Bid Rigging

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. Introduction In respect of an open tender for surgical tapes dated 26.05.2016 invited by the All India Institute of Medical Sciences (AIIMS) (hereinafter, referred as the "Tender"), the Competition Commission of India (CCI) on a letter received by it dated 26.05.2016 from the Assistant Store Officer of AIIMS, took suo moto cognizance on the allegation of cartelization between two of the thirteen bidders of the Tender, namely, Romsons Scientific & Surgical Industrial Private Limited (hereinafter, referred as "Romsons") and BSN Medical Private Limited, now Essity India Private Limited (hereinafter, referred as "BSN" or "Essity"). It was noted by the CCI...

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05 June
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E-Commerce Rules 2020, A Boon Or A Bane?

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. Introduction: Buying products off of an online marketplace or an e- commerce ecosystem might seem a bit daunting of a task especially after all the recent reports of scams and unfair trade practices that users of such platforms are falling prey to. In order to deal with such an issue, the Government had to take certain steps in order to protect the consumer from such malpractices and to reinstate their trust in such online ecosystems and to enable its care-free utilisation. Keeping that in mind, the Consumer Protection (E- Commerce) Rules, 2020 ("Act") have been...

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05 June
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Automated Smart Meters: The New-Gen System of Electricity Regulation

Posted by legacy
in Published Articles

To read the article on Mondaq, click here "A massive revolution in the electricity utility of our daily lives is going to be 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...

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