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AI On Trial: Rethinking Liability In India’s Current Legal Framework

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

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

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

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Project Delays And The Loss Of Profitability – A Case Study

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

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

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

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AI in Construction: Calculating risks and the Laws

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

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Pegasus project – A conspectus of laws of surveillance and the concerns over privacy

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,

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