To read the article on Mondaq, click here. A portion of the childhood memories of a substantial number of people of India is filled with beguiling jingles, which used to run on televisions, during the advertisement breaks between shows and cricket matches. In some cases, these tiny songs or parodies, being the primary method to promote goods and services at the time, became the identity of many brands, and became so closely associated with such brands so as to be continually used alongside their names. As time progressed, advancements in technology took place and the means to promote goods and

To read the article on Mondaq, click here. In the recent case of Tomorrow Sales Agency Pvt Ltd vs. SBS Holdings, Inc. & Ors.1, the Hon’ble High Court of Delhi, while dealing with the issue of holding a third party liable under an arbitration agreement, appreciated the vital role played by third-party funders in ensuring access to justice. It was observed that the absence of third-party funding would restrain impecunious parties from pursuing claims for amounts which may legitimately be due. In making such observations, the Hon’ble Court re-invoked an essential topic in relation to the importance of third-party funding or

To read the article on Mondaq, click here. In the recent case of Satluj Jal Vidyut Nigam, the Hon’ble High Court of Delhi held that an arbitrator cannot decide a case on the basis of a mathematical calculation which is not supported by evidence. The judgment in this case invoked the ever-growing debate on the importance of adaptation of a reasonable duty of care by the arbitrators in deciding a matter, especially one pertaining to a construction dispute, where stakes are undoubtedly very high. The role of an Arbitrator has been set in law as that of aiding the parties

To read the article on Mondaq, click here. 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

To read the article on Mondaq, click here Arbitration Law in India is governed chiefly by Arbitration & Conciliation Act, 1996 (Act) which is based on the UNCITRAL model and came into force on August 22, 1996. This Act’s primary objective is to provide speedy and effective dispute resolution for both International & Domestic commercial arbitration, Conciliation and Enforcement of Foreign Awards in India. Significantly, filing of an application under section 34 provided automatic stay of Awards by convention till 2015 Amendment came into picture. The Act is an evolving legislation and has gone through major amendments in 2015, 2019

To read the article on Mondaq, click here. Introduction In respect of an open tender for surgical tapes dated 26.05.2016 invited by the All India Institute of Medical Sciences (AIIMS) (hereinafter, referred as the “Tender”), the Competition Commission of India (CCI) on a letter received by it dated 26.05.2016 from the Assistant Store Officer of AIIMS, took suo moto cognizance on the allegation of cartelization between two of the thirteen bidders of the Tender, namely, Romsons Scientific & Surgical Industrial Private Limited (hereinafter, referred as “Romsons”) and BSN Medical Private Limited, now Essity India Private Limited (hereinafter, referred as “BSN” or “Essity”). It was noted