Introduction Recently, Delhi High Court in NTPC vs. Afcons, held that the arbitral tribunal was not wrong in charging separate fees for claims and counter-claims. NTPC has challenged the decision and the issue “whether a separate fee is required to be paid on the counter claim or not”, is pending before the Supreme Court. In this article, I discuss […]

Introduction Recently, in Project Director, National Highways Authority of India v M Hakeem and another, the Supreme Court held that Section 34 of Arbitration and Conciliation Act, 1996 (Arbitration Act), does not provide the power to modify the arbitral award. The only remedies available to a court under Section 34, in case the challenge is successful, is to […]

The advent of big tech has re-defined the fundamental rules of the market. Most of these tech companies offer free services to customers, and these freebies raise several questions. Tech companies often indulge in the practice of dark patterns, which can broadly be characterised as a user interface that subtly tricks users to take decisions […]

With India trying to compete globally on issues of technology and drone usage, it is necessary to analyse if the relevant Indian regulation is on par to provide the necessary safeguards from privacy violations. RENU GUPTA and AKSHAT BHUSHAN argue that the current legal framework is lacking in terms of proportionality, and suggest ways in which public safeguards can […]

Introduction On August 27, 2021, the Insolvency and Bankruptcy Board of India (‘IBBI’), issued a discussion paper(‘Paper’), on certain issues related to Corporate Insolvency Resolution Process (‘CIRP’). Inter alia, the Paper proposes use of Swiss Challenge Method (‘SCM’), in CIRP, for maximising the value of stressed assets of the corporate debtor. In this article, we present a basic […]

Introduction Investors, governments and as a result, most companies are increasingly becoming socially conscious of their responsibilities. Across nations, the Environmental, Social and Governance (ESG) related compliances and disclosures, are being welcomed and developed. India is also slowly and gradually developing regulations around ESG. This article focusses on sustainability reporting as practiced in India in […]

In this article we will discuss potential tax liabilities for NFT transactions and also whether lack of regulations facilitates use of NFTs for money laundering. What are Non-Fungible Tokens (NFTs)? The technology behind NFT is blockchain. NFT is a digital token that operates on a public blockchain and represents a token of ownership of a […]

Introduction This article analyses the following issues arising from the Supreme Court (SC) decision in Indus Biotech Pvt. Ltd. v. Kotak India Venture (Offshore) Fund[1]: (i) Should the adjudicating authority first decide the application under Section 8 of the Arbitration and Conciliation Act, 1996[2] (the A&C Act), before deciding the application under Section 7 of the Insolvency and Bankruptcy […]

The decisions of the Uttarakhand, Karnataka and Delhi High Courts have contributed to an unusual practice with strange consequences. A respondent forfeits its right to appoint its nominee arbitrator, beyond the period of 30 days. In such a situation, nomination of arbitrator by the respondent after a petition is filed under Section 11(6) of the […]

This article discusses the ground of irretrievable harm in the context of a recent decision of the Delhi High Court where the court granted interim relief. Introduction Interference by courts to restrain invocation of unconditional letter of credit or bank guarantee is limited to grounds of fraud and irreparable/irretrievable harm/injustice. The term irretrievable harm/injustice is […]