LCIA Arbitration 2020 Rules: New Rules for the Changed World
On August 11, 2020, the London Court of International Arbitration (“LCIA”)revised its arbitration rules (“LCIA 2020 Rules”). These Rules will come into force on 1 October 2020. The Rules supersede the 2014 edition of the LCIA Arbitration Rules (“LCIA 2014 Rules”). The changes introduced by the LCIA reflect the recent developments in good practice amongst […]
Third Party Funding Of Arbitration Disputes In India: Regulation Required
With the advent of COVID-19, an unprecedented economic slowdown has occurred, and the companies are struggling to maintain their cashflow. In such a situation, it is extremely difficult for companies and businesses to gather the courage to enter into, or even continue, existing arbitration proceedings. The concept of third-party funding seems to be of uttermost […]
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 […]
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 […]
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 […]
Optimists See Silver Lining on the Flipside of Pandemic
Covid-19 might have put the world in a miserable spot, but optimists have already spotted light even when the tunnel is yet to be crossed. Back home, the deadly coronavirus pandemic has, in a way, given a shot in the arm to Prime Minister Narendra Modi’s vision of Digital India that had been struggling to […]
Impact Of COVID-19 On Litigation & Arbitration
The world is facing an unprecedented challenge due to the Coronavirus disease (“COVID-19”). Amongst other things, the COVID-19 has also impacted the functioning of the courts and the arbitral institutions. Through this article, I intend to cover the changes introduced by the Indian Courts and the Arbitral institutions in India. COVID- 19: Courts in India […]
COVID-19: Whether Companies can see it as a silver lining?
Caution is appropriate. Preparedness is appropriate. Panic is not. US Surgeon General Dr. Jerome Adams The coronavirus (also known as COVID – 19) has affected more than 196 countries and territories and has shook the global economy severely. The UN Conference on Trade and Development (UNCTAD) has estimated the economic impact of COVID-19 at a […]
