The substantive law regulating the arbitration agreement (“governing law”) is crucial as it discovers the legitimacy, existence, and interpretation of the arbitration agreement. Nonetheless, the parties hardly settle on an express decision in regard to governing law. Accordingly, it is …
ABSTRACT: The defence of insanity has existed for many decades, but it has only taken a legal situation for the past three centuries. Different measures were utilised to deem a person legally insane, like the Wild Beast test, the Insane …
Evolution of Adoption The Juvenile Justice (Care and Protection of Children), 2015 defines adoption as the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all …
Introduction The world is gravitating towards a digital technology-based economy, where human efficiency is being outstandingly supported and enhanced by technological innovation. A lot of the mechanical and repetitive works are getting automated, increasing efficiency manifold, and the introduction of …
Introduction Third Party Maintenance essentially means that a third party that is not a party to the dispute funds the arbitration proceedings on behalf of a party in dispute either wholly or partly with the expectation of receiving a certain …
INTRODUCTION Investment treaties constitute formal arrangements between two countries or between a country and a private investor located in a different country. A Bilateral Investment Treaty (BIT) typically contains several clauses, including Fair and Equitable Treatment (FET) as well as …
INTRODUCTION Section 17 and Section 9, of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) provides for the power of the arbitral tribunal and the court to grant interim reliefs respectively to the parties. Interim relief directed against non-parties to the arbitration, such as …
The Arbitration and Conciliation (Amendment) Act, 2019 is the most recent amendment to the Indian Arbitration and Conciliation Act, 1996 and it was enacted with the aim of making India a global arbitration centre. Schedule 8’s prohibition on foreigners serving …
Geographical indications mean any indications which define the goods as originating in the territory of a country or a region or locality in that territory, taking into consideration the quality reputation along with other characteristics of the product that are …
Introduction: As per the definition in Black’s Law Dictionary, the ‘Preamble’ is— “A clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished”. According to Chambers Twentieth …