Category: News
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The benefits of mediation in the art and cultural heritage sector
When it comes to art disputes, perhaps the most obvious example that comes to the mind is that of copying the work of another person.
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Case update: M.K. Rajagopalan v. Dr. Periasamy Palani Gounder
In the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder, the Supreme Court provided clarification regarding the requirements for determining the eligibility of a Resolution Applicant. The Court held that the commercial decisions made by the Committee of Creditors must not exceed the boundaries set by the law. Accordingly, the Court affirmed the order…
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When can parties raise objections on jurisdiction?
Parties to an international arbitration can object to the jurisidiction of the seat of arbitration through “preliminary objections”. These can be heard separately before the full matter–a process known as bifurcation– and can result in considerable costs savings to both parties.
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The fame game: why we need more clarity on celebrity rights
We live in a celebrity-driven economy. The notion of ‘celebrity’ has undergone a significant change in the recent years, where newer concepts of popularity such as ‘influencers’ have altered the impact and meaning of the term. This article explores the various rights available to a celebrity to protect their status, personalities and image. We also…
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India’s Nuclear Law – Working towards a more inclusive framework
The Civil Liability for Nuclear Damage Act is an Indian legislation that establishes a legal framework for addressing civil liability for nuclear damage caused by nuclear incidents. The Act provides for compensation to victims of nuclear incidents, defines the liability of operators, and outlines the process for claiming and distributing compensation.
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Protection of cultural heritage and property
Cultural property is targeted for two reasons during armed conflict: casualities resulting from military necessity and the exigencies of war, and purposeful destruction of cultural property as a determined warfare policy utilized by one or both sides to the battle. The international community should protect cultural heritage against both conventional military forces’ operations during symmetric…
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Case update: Kotak Mahindra Bank Ltd. v. Narendra Kumar Prajapat
The High Court of Delhi first looked into the question of whether a person ineligible under Section 12(5) of the A&C Act can be appointed as an arbitrator
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New ruling supports third-party funding for disputes
A recent judgment from the Delhi High Court has placed arbitration financing in the spotlight and seems to provide more comfort to third-party funders of disputes in India.
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Arbitrability of fraud
Arbitrating in India can involve recalcitrant respondents trying to frustrate the proceedings, and claimants trying to bring claims that would ideally be litigated before courts. Unfortunately, the jurisprudence around whether a claim is arbitrable or not has not followed a consistent pattern yet it can have profound consequences for the parties involved. It therefore becomes…
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Emergency arbitration in India: a problem of enforcement
Emergency arbitration has been in the spotlight in India recently through Indian low-cost airline Go Airline which is trying to enforce an emergency arbitration award against US engine manufacturer Pratt & Whitney. However, it seems that winning the award is not the end of the battle – the key challenge is enforcing it.