Category: Posts

Constitutional Law, COVID-19, Posts

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-1)

In the first part of this series, the authors analyse the transformation that workplaces and employee monitoring practices have undergone in light of increasing digitisation, remote work and the COVID-19 pandemic. They highlight how monitoring employees’ performance at work borders on surveillance and intrudes upon employees’ privacy in disproportionate and unjustified ways. Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-1)

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Arbitration, Contract Law, International Law, International Trade Law

Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

In this post, the authors map the journey of Pakistan in the investment arbitration regime from advocating, promoting, and endorsing to regulating and constraining its purview. The authors suggest that Pakistan’s BIT programme should undergo a systemic shift to promote itself. Continue reading Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

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Arbitration, Contract Law, Environmental Law, Foreign Law, International Law, International Trade Law

(BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)

In the second part of this series, the author continues to examine how current standards can accommodate future fossil phases out cases. The article ends with an analysis of how the current IIA regime can be re-evaluated to address the climate-investment conflict. Continue reading (BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)

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Arbitration, Contract Law, Environmental Law, Foreign Law, International Law, International Trade Law

(BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)

With the introduction of a new regulation globally, that is, converting net-zero commitments into concrete policy, a big economic transformation is expected. International investment law, however, does not seem to cope with this new reality as it remains at odds with most of these developments. In the first part of this series, the author explores the conflict between climate and investment law. The author then analyses how current standards can be used in future fossil-fuel phase out cases. Continue reading (BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)

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Civil Procedure, Dispute Resolution, Posts

Mandatory Mediation: an Oxymoron? (Part 1)

In the first part of this series, the authors analyse the mandatory nature of mediation as postulated under Section 6 of the Mediation Bill, 2021. Attempts at mandating mediation have been vehemently opposed in the past to prevent depletion of the voluntariness of parties, considered the essence of mediation proceedings. The authors argue that the Mediation Bill, 2021, alters the voluntariness of the parties to mediation to a permissible extent for reasons explored in the article. Continue reading Mandatory Mediation: an Oxymoron? (Part 1)

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Criminal Law, Criminal Procedure and Evidence, Information Technology

Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 2)

In the second part of this series, the authors highlight the existing legal recourse available in India against sexual harassment in virtual reality and then discuss the limitations of these remedies and laws in general. They then suggest measures and a way further for dealing with sexual harassment in virtual reality before providing their concluding thoughts. Continue reading Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 2)

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Criminal Law, Information Technology

Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 1)

In the first part of this series, the authors analyse the criminal implications of ‘crimes’ committed in the Metaverse in light of recent reports of alleged sexual harassment experienced by users within the Metaverse. The authors draw a comparative analysis between real life experience of sexual harassment vis-a-vis harassment in VR. Further, they explore the lack of jurisprudence in this area and go on to suggest legal and technical solutions to tackle this new age crime. Continue reading Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 1)

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Competition Law, Information Technology

Proposed Amendments to E-Commerce Rules, 2020: Lack of Clarity and Judicial Overlaps

In this article, the author looks at the Proposed Amendments to the E-commerce Rules, 2020. The author argues that due to the ambiguous nature of the amended provisions and regulatory overlaps with the Competition Act, 2002, the amendments have the potential of harming both business and consumer interest. The author thus suggests that a clear definition of certain terms needs to be provided and the regulatory overlaps removed.
Continue reading Proposed Amendments to E-Commerce Rules, 2020: Lack of Clarity and Judicial Overlaps

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Information Technology, International Law

The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 2)

In the second part of this series, the author makes an argument for elimination of subjectivity in terms of understanding of data and looks in to the necessity for introduction of standard elements and provides suggestions for the same. Following this the author undertakes a comparative analysis between four major corporations operational in the Netherlands to illustrate the differences in the content, placement, and presentation of the cookie settings on their websites and analyses how it results in greater subjectivity around data. The author concludes the series by providing suggestions and the way forward. Continue reading The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 2)

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