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Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law...
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In the October 2004 term of the Supreme Court, two federal Indian law cases were decided. In Cherokee Nation v. Leavitt, the Court decided that the federal contracting legislation and regulations required that the federal government honor its contractual obligations when the contractor had...
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The COVID-19 pandemic has unleashed a catena of contractual disputes. The paper synthesizes the Indian Contract Act and relevant case laws to present a legal position on force majeure, the frustration of contract and contractual gaps, in the context of COVID-19. Using the economic analysis of...
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A model of negligence in common law jurisdictions is a conceptual structure that basically seeks to align the three legal concepts used by courts to administer negligence law with the three substantive elements that constitute, justify and limit negligence liability. The three legal concepts are...
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The 1991 Policy of liberalisation, globalisation and privatisation was a complete game changer for the Indian economy and by an extension, for the justice system in the country. The Indian legal infrastructure needed reforms even before 1991; however, the cycle of reforms that started post 1991 gave...
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