(ARBITRATION & LITIGATION)
Third Party funding in Arbitration: The Case of 'Tomorrow Sales Agency v. SBS Holdings'.
This update considers the basis for the ruling of the Division Bench that a third-party funder cannot be fastened with a liability to pay an amount due under an award passed against the funded party.
Commercial Litigation The Specific Relief (Amendment) Act, 2018 – Expeditious Remedy in Prospective
Soundararajan R. and Pallavi Anantharam share their insights on the landmark Supreme Court ruling on the Specific Relief Act and other critical legal developments, in the recent India edition of The Legal Industry Reviews.
Effective Adjudication of Commercial Disputes in India
With India’s transition into an international hub for technology-based startups, manufacturing centers, and international trade, there was a growing necessity for the policymakers to provide a better mechanism for the adjudication of commercial disputes in the country’s overburdened courts. To overcome these issues and support investors and corporates in effectively and efficiently resolving their disputes, the Commercial Courts Act, 2015 ("the Act"), was instituted. The Act was also envisioned as a tool to complement the arbitration regime in India, creating a specialized judiciary to deal with the complexities involved in commercial matters.
Mitigation of ESG related litigation
Our partner, Ms. Poornima Hatti, and associate, Mr. Aditya Shankar have authored an article titled ‘Mitigation of ESG related litigation’, in Legal Era Magazine.
The purpose of the article is to present a brief overview of the emerging ESG (Environment, Social & (corporate) Governance) trends and the impact that various ESG factors have had on companies. Furthermore, the article delves into instances of potential ESG-related disputes that a company may be exposed to for their failure to adopt ESG-centric policies. In this manner, the article brings out the necessity for companies to adapt to emerging ESG trends and constantly monitor, identify and mitigate legal risks associated with ESG.
The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing
Our senior associate, Ms. Kavita Jitani has authored an article titled ‘The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing’ which was published on Concurrences.com.
Institutional Competition between Common Law and Civil Law – India Chapter
This article follows the development of Indian civil procedural law, legal institutions, and other legislative and constitutional provisions which affect the administration of justice.