New Rules for the Changed World
On 11th August 2020, the LCIA unveiled the long-awaited update to its Arbitration Rules (LCIA 2020 Rules). The LCIA 2020 Rules will become effective on 1 October 2020 and will apply to arbitrations commenced from that date onwards. They will supersede the 2014 edition of the LCIA Arbitration Rules. The LCIA 2020 Rules introduce number […]
Damages Claims in Construction Disputes
Damages in simple terms means the financial harm suffered by one party due to the breach of the contract by the other party. In construction projects, the contractor or the owner of the project usually claims for damages in the following circumstances: change in scope of work, project delays, acceleration related costs, disruption or termination […]
IPR Newsletter
While the world looks forward to unlocking themselves from the lockdown due to Covid-19, the Indian business are also taking steps to safeguard their Intellectual Property Rights and unlock their potential. We bring to you some key developments in the field of Intellectual Property in the month of July 2020. Sparsh Industries restrained from […]
National E-commerce Policy: AN Analysis
The Draft National E-Commerce Policy (“Policy”), released on 23 February 2019 by the Department for the Promotion of Industry and Internal Trade (“DPIIT”), is a welcome step to regulate and give a further boost to the rapidly growing Indian digital economy. The B2C e-commerce sector in India was worth US$ 38.5 billion in 2017 and […]
Need of Technical Tribunal Secretary in Virtual Arbitration
There is considerable public discourse on the impact of the ongoing pandemic on international arbitrations. Commentators, scholars & practitioners have provided perspectives on how to navigate and find safe harbours in the uncharted territory of COVID-19. In this new normal of wide-ranging travel advisories and government restrictions, there is an emerging consensus to better integrate […]
Newsletter on Arbitration (June-July, 2020)
In a significant development, the Bombay High Court appointed arbitral tribunal awarded a compensation of ₹4814.67 Crore plus 10% interest from 2012 to Deccan Chargers in an arbitration against BCCI. While it is yet to be seen whether BCCI challenges the arbitral award but this award marks the end of the 8 years dispute which […]
Newsletter: Intellectual Property Laws
The field of Intellectual Property laws has not been untouched by the raging pandemic. However, the Indian IP Office has been adapting to these changing times and is facilitating electronic filings and hearings. Even the Indian judiciary has been taking up hearings though video conferencing, and has not been shy of passing judgments on some […]
IBC (Amendment) Ordinance, 2020: A Relief To The Distressed Corporate Sector
Impact of the Amendment of Insolvency and Bankruptcy Code 2016 on the Indian MSME sector, increasing default amount for initiation of Corporate Insolvency Resolution Process (CIRP) and Insertion of Section 10-A and Section 66(3) The unprecedented pandemic of COVID 19 has put unprecedented pressure on the already stressed economy. The pandemic has impacted business, financial […]
Virtual Hearings in arbitrations in India
With the advent of Covid-19 pandemic, and the consequent lockdown imposed by the Indian government, it may be imprudent or even practically difficult to conduct physical arbitration hearings considering the social distancing norms and the safety of the parties, their counsels, their witnesses and the arbitral tribunal. This present situation has forced the parties and […]
Arbitration & COVID-19
The imposition of lockdown has significantly impacted the dispute resolution procedures. Arbitration is considered as more flexible dispute resolution procedure and hence the arbitral institutions across the globe have been operating and have issued guidelines with regard to virtual hearing and electronic filing of documents. In the domestic front, the Supreme Court extended the limitation […]
