Showing posts with label Contract Law: Reforms. Show all posts
Showing posts with label Contract Law: Reforms. Show all posts
Wednesday, April 14, 2021

Time as Essence in Construction Contracts: Need for a Comprehensive Relook

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The issue of time as essence in construction contracts is controversial and is frequently litigated. The law on the subject is largely unsat...
Monday, November 23, 2020

Guest Post: Are Standstill / Tolling Agreements recognised in India?

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 [This is a guest post by Mr. Vigneshwar Ramasubramanian on the validity of standstill/ tolling agreements that seek to contractually deal w...
Tuesday, July 14, 2020

No Injunction/ Interim Measure Against Infrastructure Projects: Calcutta HC Decides

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Golden Edge Engineering Private Limited vs. Bharat Heavy Electricals Limited (18.06.2020 - CALHC) : MANU/WB/0558/2020 is an important dec...
Tuesday, June 2, 2020

Stereotyping & Setting Aside Arbitral Awards: Why East Asia was Correctly Decided

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Why are cliches a problem? They are an issue because they amount to stereotyping. What is a stereotype? It is regarded as an over-general...
Thursday, January 2, 2020

Default Rules (Finally!) Enters into Indian Jurisprudence: SC Decides on Unreasoned Arbitral Awards

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In this blog, we have been writing about the concept of default rules for the past decade. In many posts, we have lamented the absence of ...
Tuesday, March 5, 2019

Can Parties Give Up Limitation by Consent?

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Assume a hypothetical scenario: Claimant invokes arbitration and makes a claim. The Respondent contends that the claim is barred by limita...
2 comments:
Wednesday, December 12, 2018

Retrospective Operation of the Specific Relief (Amendment) Act, 2018

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As stated in several previous posts in this blog, the Specific Relief (Amendment) Act, 2018 (“2018 Act”) brings several substantive change...
1 comment:
Friday, October 5, 2018

Liquidated Damages under Indian Contract Law between 1872 & 1899

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On 29 September 2018, we did a brief article review of S. Swaminathan’s erudite paper in the Chinese Journal of Comparative Law ( link -s...
Thursday, October 4, 2018

Critique of the Specific Relief (Amendment) Act, 2018

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Over at Obiter Dicta , the respected Dr. Nilima Bhadbhade, one of the foremost experts in India on Contract and Specific Relief law, has p...
Saturday, September 29, 2018

Article Review: Shivprasad Swaminathan's De-inventing the Wheel: Liquidated Damages, Penalties and the Indian Contract Act, 1872

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Shivprasad Swaminathan's latest article in the Chinese Journal of Comparative Law ( link -subscription required) De-inventing the Whee...