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Published Articles

Legacy > Published Articles (Page 3)
05 June
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Dawn Of The SEBI – Certified ESG Rating Firms: Bridging The Gap Between Governance And Sustainable Investment

Posted by Shipra Sahu
in Published Articles

To read the article on Mondaq, click here. Introduction As the global financial markets undergo a seismic shift towards sustainable investments and finance, Environmental, Social, and Governance (ESG) considerations have evolved from a peripheral concern to a defining pillar in corporate strategy built on sustainable and responsible business practices. Today, ESG is no longer a choice or a mere checkbox for the sake of compliance- it is turning into an indispensable element of businesses of the modern day, serving as an indicator of systemic risk mitigation and long-term financial resilience, shaping investment decisions and corporate governance. However, despite the increase in ESG-driven...

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05 June
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The Revolutionary Chat GPT and its Legal Policies

Posted by Mr. Gagan Anand
in Published Articles

To read the article on Mondaq, click here. The year 2022 marked a fresh and innovative beginning for the field of artificial intelligence (AI), wherein the technology was re-introduced in a more accessible and usable form to the public. While the roots of AI date way back to the era when Alan Turing's machine decoded the German code ‘enigma', it is needful to mention that the developments in the field since that war have been manifold. The most recent development was the introduction of a downloadable web application which acted as a chat-bot for people who were either curious about or...

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05 June
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The consolidation of India’s construction laws: A long overdue reform

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 India’s construction sector is a manifestation of scattered legislation and uncertainty in interpretation, leading to disputes and lingering litigation. Construction laws in India are governed by various legislation, ranging from the 1872 Contract Act, to extensive statutory provisions in labour laws including a few specific laws, such as the Building and Other Construction Workers Act, 1996 and other state-specific laws and regulations. The...

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05 June
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New parameters on public procurement and project management

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 Introduction The Central Vigilance Commission (CVC), the Comptroller and Auditor General (CAG) of India and the National Institution for Transforming India (NITI Aayog),1 in cooperation with the Ministry of Finance2 (MoF), have opened the way to the reorganisation of procurement and project management in India. India’s infrastructure has always been sluggish in terms of cost and time overruns and delays, necessitating a review of procurement and project...

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05 June
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Bournvita Controversy: Losing The ‘Health Drink’ Tag

Posted by Aamir Zafar
in Published Articles

To read the article on Legal500, click here. A spark that surfaced recently on social media platforms has kindled a new contentious discussion in India. Our childhood favourite ‘Bournvita’ is being examined for its claim of being a ‘health drink’ for youngsters. The row surfaced when, in April 2023, Revant Himatsingka, who was holding a prominent finance job in the US, sacrificed his lucrative salary and returned to India to spearhead a ‘nutrition revolution’. Revant, who had around 1000 followers then, uploaded a video to his social media handle targeting Bournvita and claiming that the ‘health drink’ contains dangerously excessive amounts of...

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

Posted by Sadiqua Fatma and Tenzen Tashi Negi
in Published Articles

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...

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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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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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