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High moral and ethics standards.
Legacy > Blog (Page 4)
05 June
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Consent & The Doctrine of “Group of Companies

Posted by Nandish Munjal
in Published Articles

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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05 June
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The Validity Of An Unstamped Arbitration Agreement: The NN Global Judgment

Posted by Mr. Gagan Anand
in Published Articles

To read the article on Mondaq, click here The Arbitration & Conciliation Act, 1996 (Arbitration Act) is a state-of-the art legislation based on the UNCITRAL Model Law on International Commercial Arbitration, 1985, and enforced with the objective of providing an alternative remedy to disputes in India. Being a well thought-out piece of legislation, the Act has been designed to preclude judicial scrutiny, except in certain limited circumstances, including where the existence of the arbitration agreement in itself, is put to question. In any other case, the Act has been repeatedly upheld to hold a preceding position as compared to other laws. The...

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05 June
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Construction, climate change mitigation and the right to be free from the adverse effects of climate change

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. ‘We know we are not on track to limit global warming to 1.5 degrees Celsius. The window for meaningful change is closing, and the time to act is now.’[1] In December 2023, in their meeting at the 28th United Nations Conference of Parties (COP28), over 198 signatory countries to the Paris Agreement, 2015 (the ‘Agreement’), resolved to undertake a ‘global stocktake’ and discuss...

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05 June
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Coal India vs. Competition Commission Of India: Case Analysis

Posted by Mr. Gagan Anand
in Published Articles

To read the article on Mondaq, click here. One of the basic rules of interpretation states that no provision of a statute should be read in isolation to the other statutes and that while interpreting a law, it should be presumed that the Parliament, at the time of making such law, was well aware of the existence of all the other laws in force in India. This rule, also known as the ‘rule of harmonious construction', being one of the cardinal principles of interpretation of statutes, recently formed the basis of the decision in the recent case of Coal India Limited &...

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05 June
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Use Of Fly Ash In Construction Contracts- Whether Change In Law Or Change Of Scope?

Posted by Eshjyot Walia
in Published Articles

To read the article on Legal500, click here Fly-ash has been a cause of environmental pollution, creating health hazards.  For disposal, Fly Ash requires large areas of precious land.  On account of the increasing concern for environmental protection and growing awareness of the ill effects of pollution, disposal of ash generated at thermal power plants was considered to be an urgent and challenging task. The first Notification for regulating the use and disposal of fly ash was issued by the Ministry of Environment & Forests, Govt. of India vide Notification bearing No.S.O.763 (E), dated 14th September, 1999 in pursuance of the Order...

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05 June
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Recorded Consent Of Both Parties Enough For Courts To Remand The Matter To The Same Sole Arbitrator

Posted by legacy
in Published Articles

To read the article on Mondaq, click here Under the Arbitration and Conciliation Act, 1996 ("the Arbitration Act"), there is a recourse available to parties to challenge the arbitral award passed. Section 34 of the Arbitration and Conciliation Act, 1996 has witnessed many interpretations and judgments that shape the ambit under which an award can be challenged. This Section holds great accord for party autonomy and minimal interference from the judiciary. It may also be stated that party autonomy is the soul of arbitration. Recent development in the law in the form of the Supreme Court holding in Mutha Constructions v Strategic Brand...

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05 June
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Can Hashtags be registered as Intellectual Property in India?

Posted by Vidhi Koolwal
in Published Articles

To read the article on Mondaq, click here. In 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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05 June
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A Collision Of Marks: Decoding Trademark Disputes In The Indigo-Mahindra Saga

Posted by Aamir Zafar
in Published Articles

To read the article on Mondaq, click here. In the realm of commerce and industry, a trademark serves as much more than a mere identifier of goods or services; it is a symbol of the reputation, trust, and goodwill accrued by its proprietor. The significance of trademarks in maintaining a distinct identity within the marketplace has led to the establishment of stringent legal frameworks to safeguard these intellectual property rights. The dispute between InterGlobe Aviation Limited (operating under the brand name "Indigo") and Mahindra Electric Automobile Limited (a subsidiary of Mahindra & Mahindra) over the use of the alphanumeric identifier "6E"...

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05 June
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Simplifying The Commercial Courts Act, 2015: III. Order XIII-A: Summary Judgment

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. Introduction A summary procedure of pronouncing judgment has been introduced through the addition of Order XIII-A applicable to the commercial suits of specified value.1 It may be mentioned here that commercial suits involve monetary litigation between parties to a commercial contract and involve complex questions of facts and law often times requiring special attention of the Court. So far the remedy of summary procedure was available under Order XXXVII most commonly known as 'Suits for Recovery' where the lis involved recovery of amount due on a negotiable instrument or an admitted monetary liability. Now, by the addition...

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05 June
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A Glimpse of the Draft Digital Personal Data Protection Rules in India

Posted by Mr. Gagan Anand
in Published Articles

Disclaimer - This article was first published in Construction Law International on 12 February, 2025 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here. Introduction On 3 January 2025, the Ministry of Electronics and Information Technology, as part of the Government of India, published the draft Digital Personal Data Protection Rules, 2025 (the ‘Draft DPDP Rules’), inviting comments and suggestions from the public until 18 February 2025. The Draft DPDP Rules are intended to supplement the Digital Personal Data Protection Act, 2023 (the ‘DPDP Act’), which was...

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