Dispute Resolution

‘Party’ and ‘witness’ on an equal footing for the purpose of adducing evidence in civil suit: Supreme Court clarifies

Introduction

The Hon’ble Supreme Court, vide its recent judgment in Mohammed Abdul Wahid v. Nilofer & Anr.,[1] adjudicated inter alia upon whether the Code of Civil Procedure, 1908 (“CPC”) makes a distinction between a ‘party to a suit’ and a ‘witness in a suit’ through its adopted phraseology? More specifically, whether a party to a suit i.e. a plaintiff or a defendant may be equated to a witness when interpreting the provisions of Order VII Rule 14 [Production of document on which plaintiff sues or relies]; Order VIII Rule 1A(4)(a) [Duty of Defendant to produce documents upon which relief is claimed or relied upon by him]; and Order XIII Rule 1(3)(a) [Original Documents to be produced at or before the settlement of issues] of the CPC?Continue Reading ‘Party’ and ‘witness’ on an equal footing for the purpose of adducing evidence in civil suit: Supreme Court clarifies

No room for change- How Final is the Final Resolution Plan, Exploring the Practical Repercussions

Introduction

The modification or withdrawal of Resolution Plans under the Insolvency and Bankruptcy Code, 2016 (“Code / IBC”) had always been a contentious subject, with the National Company Law Tribunal (“Adjudicating Authority / NCLT”) and National Company Law Appellate Tribunal (“NCLAT”) taking conflicting views in the past.Continue Reading No room for change- How Final is the Final Resolution Plan, Exploring the Practical Repercussions

truth or illusion? - Criminal Liability of Digital Intermediaries in the age of deepfakes

Introduction

A deepfake connotes a highly realistic synthetic media of a real person, generated by an Artificial Intelligence. While a parallel can be drawn between photo-alteration technology and deepfakes, the latter is inherently disingenuous because it makes it difficult to ascertain doctoring. The gravity of leaving this technology unregulated is severe because it can be used to disseminate misinformation with drastic political, reputational and financial implications.Continue Reading Truth or Illusion? – Criminal Liability of Digital Intermediaries in the age of Deepfakes

The Turning Tides of US Sanctions: India Caught in the Middle

Secondary Sanctions & Countermeasures

The recent escalation of United States (“US”) sanctions against Russia seems to have significant consequences for the Indian market. India has strong economic relationships with both the countries. At the moment, however, India seems to be caught between a ‘rock and a hard place’.[1] The country finds itself in a tricky minefield and it has to now balance its financial interests, along with its obligations to the international community.Continue Reading The Turning Tides of US Sanctions: India Caught in the Middle

SC rules on applicability of doctrine of ‘group of companies’ in arbitration jurisprudence

Introduction

Consent by way of consensus-ad-idem and party autonomy are so deeply entrenched as the foundational or grundnorm principles of arbitration, that any material deviation therefrom is likely to pose challenges. One such challenge is the introduction of the doctrine of ‘group of companies’ in the jurisprudence of Indian arbitration, whereunder an arbitration agreement is extended, under certain conditions, to even non-signatory companies of the same group. In the words of Dr. Justice Dhananjaya Y. Chandrachud, Hon’ble CJI, it is “a modern theory which challenges the conventional notions of arbitration law.”Continue Reading SC rules on applicability of doctrine of ‘group of companies’ in arbitration jurisprudence

Domain Name Registrar or Do Not Register? – The Question to be Answered

Domain Name Registrars (“DNR”) assist users in registering websites with a domain name of their choice. DNRs collect information from the user and submit it to the respective domain registry. This has resulted in several users misusing intellectual property of third parties either unintentionally or with the intent of riding upon the goodwill of such third parties. Consequently, DNRs, the ad-hoc gatekeepers of the internet, have come under intense scrutiny of the courts. Continue Reading Domain Name Registrar or Do Not Register? – The Question to be Answered

Devas v Antrix: fraud as a ground for setting aside an arbitral award: unique outlier or a sign of things to come?

INTRODUCTION

‘Fraud vitiates all’ is a legal principle firmly embedded in the Indian jurisprudence. An iteration of this principle also finds place in the provisions of the Arbitration and Conciliation Act, 1996 (“Act”), in Section 34(2)(b)(ii), whereunder an arbitral award can be challenged for being in ‘conflict with public policy of Indian Law’, inter alia if “the making of the award was induced or affected by fraud”.Continue Reading Devas v Antrix: fraud as a ground for setting aside an arbitral award: unique outlier or a sign of things to come?

Group Insolvency: Introduction

Group means two or more enterprises, which directly or indirectly are in a position to exercise 26% or more voting rights in other enterprise or appoint more than 50% members of the Board of Directors in the other enterprise or control the management or affairs of the other enterprise.[1]Continue Reading High Time for Group Insolvency Framework?!

CONUNDRUM SURROUNDING SECTION 42 OF ARBITRATION AND CONCILIATION ACT, 1996

INTRODUCTION

India’s arbitration law is thorough and organic because of its ever-evolving nature, through several amendments and decisions of the courts from time to time. However, the strict wordings of certain provisions contained in the Arbitration and Conciliation Act, 1996 (“Arbitration Act”),have caused a stir, for which courts have had to step in and use the tools of interpretation to resolve such practical dilemmas. Continue Reading Conundrum Surrounding Section 42 of Arbitration and Conciliation Act, 1996

Arbitral clause contemplating ambiguous pre-deposit condition is violative of Article 14: Supreme Court holds in a Section 11(6) application

Introduction

The Hon’ble Supreme Court, vide its recent judgment in Lombardi Engineering Ltd. v. State of Uttarakhand[1] adjudicated inter alia upon whether, when deciding an application under Section 11(6) of Arbitration and Conciliation Act, 1996[2] (“1996 Act”), for appointment of a sole arbitrator, the validity of a pre-deposit condition can be looked into on the anvil of Article 14 of the Constitution of India?Continue Reading Arbitral clause contemplating ambiguous pre-deposit condition is violative of Article 14: Supreme Court holds in a Section 11(6) application