Category: Contract

Arbitration, Contract, Contract Law, Posts

 Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime

In this post, the author highlights how the concept of parallel proceedings is a serious problem in the arbitration for a as it leads to inconsistent arbitral awards by different tribunals adjudicated on the same set of facts. The author critically analyses the application of legal doctrines of Res Judicata and Lis Pendens in parallel investor-state treaty arbitrations. They further explore the problem and discuss how parallel proceedings can be prevented in order to avoid the multiplicity of different awards. Lastly, they provide possible or alternate solutions to the above discussed problem to avoid the cost and multiplicity of proceedings. Continue reading  Applicability of Res Judicata and Lis Pendens in the Self-Contained Investor-State Arbitration Regime

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Case Comments, Competition Law, Contract

Competition Watchdog held Discount Control Policy Anti-Competitive in Nature

In this post, the author presents an incisive analytical note on CCI’s recent cease-and-desist order against Maruti Suzuki India Limited (MSIL) for entering into anti-competitive agreements with its dealers, resulting in Appreciable Adverse Effect on Competition in Indian markets.
Continue reading Competition Watchdog held Discount Control Policy Anti-Competitive in Nature

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Contract, Posts

Model Tenancy Act 2020: A Remedy Subject to Acceptance

In this post, the authors explore the recently approved Model Tenancy Act 2021 which introduces a three-tier adjudicatory mechanism for speedy adjudication of tenancy disputes. The authors undertake an analysis of the manner in which the various provisions of the Model Tenancy Act, 2021 may solve the issue of the tenants retaining the possession of the leased premises even after the determination of tenancy. Continue reading Model Tenancy Act 2020: A Remedy Subject to Acceptance

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Contract, Intellectual Property, Posts

Copyrights and Comments: The Value of Opinions

In this post, the author discusses the ever increasing relevance of online comments and whether they carry value or not, and if they do, who is the rightful owner of the content. The author further analyses how the owner of such value carrying content may be determined and discusses a way forward to simplify the process for the Indian legal regime. Continue reading Copyrights and Comments: The Value of Opinions

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Contract, Contract Law, Foreign Law, Posts

Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 2)

The COVID-19 pandemic has reduced the ability of the leaseholders to utilise the leased property in an effective and profitable manner. However, the Indian courts have failed to grant any relief due to the archaic nature of doctrines of frustration, force majeure under the Transfer of Property Act, 1882 (‘TPA’). In this blog series the author critiques the nature and the inflexible approach of these doctrines under the TPA. The second post does a comparative analysis of the civil law jurisdictions and suggests the incorporation of a similar approach in order to better balance the interests of the lessor and the lessee in such circumstances. Continue reading Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 2)

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Contract

Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 1)

The COVID-19 pandemic has reduced the ability of the leaseholders to utilise the leased property in an effective and profitable manner. However, the Indian courts have failed to grant any relief due to the archaic nature of doctrines of frustration, force majeure under the Transfer of Property Act, 1882 (‘TPA’). In this blog series the author critiques the nature and the inflexible approach of these doctrines under the TPA. The first post in this series discusses the current framework for the relaxation of rent in cases where there is no force majeure clause in the contract and Section 108(B)(e) of the TPA is attracted. Continue reading Reconceptualising Frustration and Force Majeure under tenancy in India post COVID-19: Lessons from Civil Law Jurisdictions (Part 1)

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Contract, COVID-19, Posts

Coronavirus: Answering the Legal Dilemma

In this post, the authors analyse whether the current pandemic situation qualifies as a force majeure event through various judgments and how it could lead to the frustration of contracts. They also write about what approach the courts should opt while hearing cases of breach of contract and suggests certain measures the government could take to provide relief Continue reading Coronavirus: Answering the Legal Dilemma

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