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Published Articles

Legacy > Published Articles
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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02 August
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Liquidated damages Gagan Anand

Posted by legacy
in Liquidated damages, Published Articles

Note: This article was originally published in Asia Pacific Regional Forum News, Volume 21 No. 2, August 2014 of the Newsletter and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the original article, click here Liquidated damages are an area of law that seems to mystify many legal scholars. In 1854, a New York Court of Appeals judge remarked that even the ‘ablest judges have declared that they felt themselves embarrassed in ascertaining the principle on which the decisions… were founded.’ This comment has remained strikingly valid. Simply stated, the courts continue...

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

Posted by legacy
in Laws Of Surveillance, Published Articles

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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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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20 May
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Attorney Client Privilege In The AI Era

Posted by Sadiqua Fatma
in Published Articles

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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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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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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07 March
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Determining the seat of arbitration

Posted by legacy
in Laws Of Surveillance, Published Articles

To read the article on the IBA Website, click here. The alternative dispute resolution mechanism of arbitration has been widely preferred by the parties owing to its accessibility and expedited procedures. In recent years, this preference has also extended to the sectors of commercial- and construction-related disputes, whether domestic or international. With an open option to mutually decide on the method, the dispute adjudicator, the applicable laws or even the place, arbitration has developed the reputation of actually serving its purpose of attaining an amicable settlement of disputes. However, owing to such a high number of decisions which have to be undertaken...

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08 March
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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015

Posted by legacy
in Laws Of Surveillance, Published Articles
SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

To read the article on Mondaq, click here. I. 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 a...

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