Disclaimer & Confirmation

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Determining the seat of arbitration

Posted by legacy

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...

08 March

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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015

Posted by legacy

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...

08 March

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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-II

Posted by legacy

To read the article on Mondaq, click here. II. Order XI : Disclosure Discovery and Inspection of Documents in Suit before the Commercial Division of A High Court or a Commercial Court The Order XI of Civil Procedure Code applicable to commercial disputes of specified value as introduced by the Commercial Courts Act, 2015 is different from the Order XI of Civil Procedure Code applicable to other Civil Disputes in material ways. This order has 7 rules divided into sub-rules and sub-sub-rules as opposed to 23 rules in the Order XI applicable to other civil suits. A brief, Rule-wise discussion is given .It...

08 March

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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-III

Posted by legacy

To read the article on Mondaq, click here. III. Order XIII-A: SUMMARY JUDGMENT 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...

08 March

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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

Posted by legacy

To read the article on Mondaq, click here. IV. DEFENCE TO A CIVIL SUIT The Order IV: Institution of Suits of the Code of Civil Procedure, 1908 (hereinafter CPC) specifies that a suit shall be instituted by presentation of Plaint. The Order VI Rule 1 of the CPC 1 stipulates that pleading shall mean Plaint or Written Statement. The significance of a Written Statement filed by the Defendant is very well understood. A Suit becomes meaningful when it is contested on the basis of a well drafted Written Statement. The Commercial Court Act has added by way of amendment Rule 3A in Order VI, which...

20 May

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Analysis Of The 2019 Amendments To The Citizenship Act (1955) And The 2024 Amendment To The Citizenship Rules 2009

Posted by legacy

To read the article on Mondaq, click here. The Central Government has on March 11, 2024 notified the Citizenship Amendment Rules 2024 pending which the provisions of the Citizenship (Amendment) Act, 2019 could not be given effect to, even after receiving assent of the Parliament in December 2019. These rules lay down the procedural aspect of implementing the provisions of Citizenship Amendment Act, 2019. They are a handmaid to the Citizenship Amendments specially introduced in favor of according Indian citizenship status to certain persons. A brief discussion on the Citizenship Amendment Act, 2019 is necessary to understand the purpose of the...

05 June

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Concurrent Delays In Infrastructure Projects & The Indian Contract Act, 1872

Posted by Sadiqua Fatma and Tenzen Tashi Negi

To read the article on Mondaq, click here. "Delay" in infrastructure projects has become the norm, whereas timely completion of the project has become the exception. During the execution of an infrastructure project, the parties may encounter several events which delay the execution and completion of the Project. Delay in completion of projects brings with itself a host of questions left to be determined by contract administrators, courts and tribunals. At its core, lies the question - who is responsible for the delay? & consequences thereof! If the delay is occasioned by any act of the Employer ("Employer's Delay Event"), the Contractor will...

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

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...

05 June

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The Rise Of Artificial Intelligence & The Future Of Personality Rights

Posted by Aamir Zafar