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Published Articles

Legacy > Published Articles
19 September
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AI On Trial: Rethinking Liability In India’s Current Legal Framework

Posted by Shraddha Korekar
in Published Articles

To read the article on Mondaq, click here. Introduction Artificial Intelligence is no longer a futuristic concept in India. It is rapidly transforming healthcare, financial services, education, and governance, and has become embedded in the everyday lives of people. However, such mainstream adoption also brings with it a pressing legal dilemma to decide as to who should be held accountable when AI systems malfunction or cause irreparable harm? Unlike traditional technologies, AI systems are characterized by autonomous decision making, which often makes it difficult to pinpoint liability in case of any damage. While India has existing legal frameworks such as the Digital Personal...

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09 August
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Proving Loss Of Profit In Construction Arbitration: A Strategic And Legal Guide For Contractors

Posted by Aamir Zafar
in Published Articles

To read the article on Mondaq, click here. In the domain of construction arbitration, contractual disputes frequently emerge from delays in execution, unforeseen disruptions, or premature and often contentious termination of agreements. These occurrences invariably give rise to complex financial repercussions, particularly affecting contractors who are deprived of the economic benefits originally contemplated under the contract. One of the most significant and recurrent heads of claim in such proceedings pertains to compensation for loss of anticipated profits commonly referred to as loss of profit claims. Such claims typically arise when the contractor alleges that the employer, either by direct act or...

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19 July
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Project Delays And The Loss Of Profitability – A Case Study

Posted by Vidhi Koolwal
in Published Articles

To read the article on Mondaq, click here. In May 2025, the Hon'ble High Court of Delhi, in the case of Union of India vs. Ahluwalia Contracts (India) Ltd1., (hereinafter referred to as the 'Ahluwalia case') adjudicated on the issue pertaining to the denial of claims for loss of overheads/profitability by the Arbitral Tribunal. Even though the issue forming the subject matter of the case had been a part of a number of previously determined cases, it reignited the debate on whether such claims were justifiable in cases where the project duration was unreasonably prolonged and whether the quantum of losses could...

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17 June
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The Gayatri Balasamy Case: A Turning Point In Judicial Intervention In Arbitration?

Posted by Aamir Zafar
in Published Articles

To read the article on Mondaq, click here The Hon'ble Madras High Court in ISG Novasoft Technologies Ltd v. Gayatri Balasamy1 dealt with a challenge to an Arbitral Award arising from an employment dispute wherein the Arbitral Tribunal had awarded compensation to the employee. The Award, however, allegedly suffered from a quantification error concerning back wages and consequential dues. Rather than adhering to the traditional norm of either setting aside the award or remitting it to the Arbitral Tribunal for reconsideration, the Hon'ble High Court chose an unorthodox path by modifying the award directly purporting to rectify what it termed a manifest and severable...

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17 June
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AI in Construction: Calculating risks and the Laws

Posted by Vandana Randhawa
in Published Articles

To read the article on Mondaq, click here Artificial Intelligence (AI) is the 'new thing' that will transform every economy. It has the capability of streamlining processes, the manner of thinking, and the performances of each sector. However, there still remain a number of wrinkles, which need ironing in terms of the widespread adoption of AI and other machine learning data driven technologies, including the need for legislations, or ratification of international treatises for governing the use and scope of the technologies as well as the determination of responsibilities in case of a default committed on account of such use. Construction and Infrastructure...

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06 June
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Litigation Financing Third-Party Funding: A New Way To Ensure Justice

Posted by Gagan Anand and Shraddha Korekar
in Published Articles

To read the article on Mondaq, click here. In the recent case of Tomorrow Sales Agency Pvt Ltd vs. SBS Holdings, Inc. & Ors.1, the Hon'ble High Court of Delhi, while dealing with the issue of holding a third party liable under an arbitration agreement, appreciated the vital role played by third-party funders in ensuring access to justice. It was observed that the absence of third-party funding would restrain impecunious parties from pursuing claims for amounts which may legitimately be due. In making such observations, the Hon'ble Court re-invoked an essential topic in relation to the importance of third-party funding or litigation financing...

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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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