Negligence by doctors has to be determined by judges who are not trained in medical science. They rely on experts’ opinion and decide on the basis of basic principles of reasonableness and prudence. This brings into a lot of subjectivity into the decision and the effort is to reduce it and...

Patent litigation in India is growing. Awareness about patents and the possibility of commercial exploitation of patents is increasing. This is due to better laws and improving registration facilities. Indian firms are taking the patent disputes to courts, as was and is very common in the United...

There is no denying the fact that human life is precious and in cases of medical negligence, the judges find it extremely difficult to decide on the quantum of compensation as the quantum is highly subjective in nature, and despite the best efforts of the legislature to enact certain laws which...

One of the foremost requirements of corporate governance is transparency in the system, which ensures that individuals making decisions for and on behalf of a company do so in the best interest of the company and clearly avoid conflict of interest. It is the crux of fiduciary duty – the duty...

The Indian judicial system is marred by delays. Businesses suffer because disputes are not resolved in a reasonable time. Even with the use of methods of alternative dispute resolution a fair number of high value disputes end up in a court. Thus, courts hardly have any time for taking up...

As global business expands, the number of business disputes is also on the rise. It is extremely difficult or rather impossible to get all these disputes resolved through the conventional method of courts. Moreover, for international business disputes issues of jurisdiction, law, language,...

Governments in many developing countries acknowledge they are facing difficulties in their attempt to meet the basic health needs of their populations. They rely on contracting out to private (for-profit and not-for-profit) organizations as a strategy to meet the needs of underserved...

The definition of Court in the Arbitration and Conciliation Act, 1996, is substantially different from that in the earlier law of 1940. Due to this new definition, there is tremendous load of work on the District Judge, which was earlier shared by other judges in the Civil Court. The experience...

Business disputes are like cancer which should be stopped from spreading as soon as possible. Litigation is the least favoured method of resolution for a variety of reasons – delay being the foremost. Alternative Dispute Resolution (ADR) methods like negotiation, mediation, conciliation,...

The globalized and liberalized Indian economy is witnessing cut-throat competition. To provide institutional support to healthy and fair competition, there is a requirement of better regulatory and adjudicatory mechanism. To this effect, India has enacted the new competition law which shall...