Multiple References In One Contract

As Arbitration is gaining popularity as preferred mode of alternative dispute resolution mechanism, it has been observed that in commercial contracts, parties refer their disputes to arbitration at different stages of such contracts, by way of separate references. The nature of contracts is such where parties are not required to wait for completion of contractual period, for referring all their disputes to arbitration in one go and the same can be referred even during the currency of such...

Period Of Limitation In Execution Of Foreign Award In India

About 5 months ago, when a two judges' bench of Hon'ble Supreme Court of India ("SC") decided the issue regarding the limitation period for execution of a foreign decree, the most debated question was as to whether the said law would apply equally qua the limitation period for enforcement of a foreign award. The apex court has now put to rest even the issue concerning the period of limitation for execution of a foreign award by a judgment of three judges' bench in the case of Government of...

The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice

Mediation, as a means of resolution of disputes, has been growing significantly over the past few decades. It is considered to be the most appropriate method amidst the 'Alternative Dispute Resolution' mechanisms as it is cost-effective, flexible, amicable and addresses the conflict in the most cordial of manners. Mediation is a process in which a third non-partisan party seeks to stimulate a voluntary and an unconstrained agreement between the parties in conflict by using negotiation...

Consumer Protection Act 2019 – A Comprehensive Analysis

The Consumer Protection Act, 2019 ("New Act") heralds the beginning of a new era of consumer rights in India that are in sync with new-age consumer expectations. It carries forward the rich legacy of The Consumer Protection Act, 1986 ("1986 Act") that was considered path-breaking at the time of its enactment, but which was unable to meet the challenges of a rapidly growing, sophisticated and inter-dependent market for goods and services.The 1986 Act was amended from time-to-time to...

Financial Parameters For The Covid-19 Resolution Framework || One Size 'Does Not' Fit All

On August 6, 2020, the Reserve Bank of India (RBI) took a significant step towards scaling the exponential onset of financial stress induced by the COVID-19 pandemic and put forth a series of regulatory measures through its Circular bearing no. RBI/2020-21/16 DOR. No. BP. BC/3/21.04.048/2020-21 titled 'Resolution Framework for COVID-19 related Stress'. The 'August 6th Circular', as is being colloquially referred since, laid down certain directives that are aimed at providing an interim...

What Is Inadmissibility According To Canadian Immigration Law?

Many people come to the foreign land with the hope of better living lifestyle. But in order to fulfill someone's dreams, it is mandatory to note that whatever documentation and process one has to follow should be legit and authentic before coming into another country. One needs to know the full ins and outs before exploring internationally and for that one need to have a requisite knowledge of how he has to apply and to whom he has to apply and in what manner? Everyone wants to immigrate...

Critical Analysis Of The Virtual Courtrooms And The Access To Justice During The Coronavirus Pandemic

Due to the outbreak of the novel coronavirus and the declaration of lockdown in India from March 2020, people have been forced to stay at home and practice social distancing. In the wake of the situation, the Supreme Court bench on 6th April 2020 issued the guidelines 'In Re: Guidelines for Court Functioning Through Video Conferencing During COVID-19 Pandemic' for reducing the number of people in the court by restricting entry and maintaining social distancing, while ensuring other...

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability

The Arbitration and Conciliation (Amendment) Act, 2019 ('2019 Amendment Act') came into force on 30.08.2019.[1] Since then, it has already been the subject of judicial scrutiny/criticism by the Supreme Court[2] given its ignorance of the judgment in BCCI v Kochi Cricket Pvt Ltd[3] ('BCCI') which had finally put to rest the debate on the question of the retrospective application of the Arbitration and Conciliation (Amendment) Act, 2015 ('2015 Amendment Act'). Unfortunately, it now...

Canadian Lawyers Discuss What Are The Best Ways To Get PR In Canada

Everyone has the right to grow and test his/her intellect by testing one's limits and this can only be possible when people get the opportunity to explore not only locally but internationally as well. Many people come to the foreign land with the hope of better living lifestyle. But in order to fulfill someone's dreams it is mandatory to note that whatever documentation and process one has to follow should be legit and authentic before coming into another country. One needs to know the...

Canadian Immigration Lawyers Explain How To Protect Yourself From Canada Immigration Frauds

There seems to be a lot of competition these days between the immigration companies. But who are the legit ones and who are the fake ones, is very difficult to bifurcate these days. The competition of maintaining the track record of how many have been sent through a particular immigration company and at what circumstances has led to a fish market in this immigration sector that nobody bothers to the life of the client they wish to settle in. What matters the most is money and the number of...

Personal Guarantor Insolvency Provisions Of IBC Under Challenge

By a gazette notification dated 15 November 2019, the Government of India had brought into effect Part III of the Insolvency and Bankruptcy Code, 2016 (IBC) (save and except provisions dealing with the fresh start process mainly set out in Chapter III) dealing with the insolvency and bankruptcy of individuals and partnership firms in so far as it is applicable to personal guarantors of a corporate debtor. We have recently seen a lot of discussion surrounding these provisions in several...

Concept Of Commercial Wisdom And Its Legal Implications

The jurisprudential essence of the supremacy of commercial wisdom of Committee of Creditors has been reaffirmed time and again by the Supreme Court and the Adjudicating Authorities. The concept is brilliantly amplified from K. Sashidhar v. Indian Overseas Bank & Ors. (2019 SCC OnLine SC 257) to Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta & Ors. (2019(16)SCALE319). The Hon'ble National Company Law Appellate Tribunal, New Delhi in Sunil S. Kakkad v. ...