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Published Articles

Legacy > Published Articles (Page 6)
08 March
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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-II

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

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...

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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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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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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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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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