Categories
Arbitration

Emergency Arbitration and State Immunity in India – Evaluating DIAC’s Framework in Sovereign Disputes

Ojas Sharma I. Introduction Delhi International Arbitration Centre (DIAC) has been an outcome of extensive experience within the Indian legal fraternity owing to the constant demand of an Indianized system pertaining to arbitration through Law Commission’s 246th Report. While the project seems ambitious and promising, the system is still at a very nascent stage compared […]

Categories
Securities

Digital Gold: Navigating Regulatory Frameworks and Investors’ Confidence

Saloni Rani I. Introduction Digital Gold allows an investor to purchase and sell gold online without any physical visits. It has gained prominence in a very short period because it does not create any blanket ban on the quantity of gold to be purchased and most importantly, it saves time and efforts of investors. The […]

Categories
Environment

Embedding Environmental Risk Governance into India’s OSH Framework

Arjun Singh and Vikramaditya Singh Introduction The International Court of Justice’s Advisory Opinion on States’ Climate Obligations, issued a few months back, firmly states that states owe a duty to prevent predictable climate harm, as well as to regulate private entities effectively, rendering reliance on non-binding guidelines inadequate to secure constitutional and international commitments. India’s […]

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Arbitration

Arbitrability of Inter-Creditor Disputes: Judicial Interpretation of Section 11

Aryan JHA KEYWORDS: Arbitration, SARFAESI Act, Inter Creditor Disputes Excerpt The arbitrability of disputes arising between financial institutions has been a contested issue under Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. This article aims at analysing the recent judgement by the apex court in the case of Bank of […]

Categories
Antitrust Competition Law

COMPETITION BEYOND EARTH: ANTITRUST LAW AND THE RISE OF PRIVATE SPACE IN INDIA

Sheetal Vasundhara & Viswajeet Chaudhary Introduction “The question to ask is whether the risk of travelling to space is worth the benefit. The answer is an unequivocal yes, but not only for the reasons usually touted by the space community: the need to explore, the scientific return, and the possibility of commercial profit. The most […]

Categories
Constitutional Law Labour

Casus Omissus and the Limits of Judicial Interpretation: The CAS Dispute in West Bengal

Simran Sidhu Introduction The Calcutta High Court’s ongoing matter of Sandip Kumar Mitra v. The State of West Bengal highlights the tensions between government employees and employees of state-owned corporations. Government employees are governed by central or state service rules, such as the West Bengal Service Rules (WBSR), whereas employees of corporations, like the West […]

Categories
Competition Law Insolvency

BEFORE THE WHISTLE: CRITICAL ANALYSIS ON INDIA’S GUN JUMPING SHIFT

Mahadev Krishnan and Nitin Pradhan Introduction In sports, a false start occurs when a runner jumps the gun (i.e., starts before the whistle) and is penalized accordingly. This principle is easy to understand: nobody should gain an unfair advantage by jumping the gun. The same logic applies in the realm of competition law. Gun jumping […]

Categories
Labour

Employees with(out) Benefits: Guaranteed Income Floor for Gig Workers

Vansh Manuja Introduction Gig workers, a significant part of Indias current economy with the growing popularity of quick commerce platforms are often neglected by the corporate house as well as the legislative. With around 77 lakh (7.7 million) workers were engaged in the gig economy in 2021 expected to expand to 2.35 crore (23.5 million) […]

Categories
Arbitration

FROM SETTING ASIDE TO MODIFICATION: RECASTING JUDICIAL INTERVENTION IN INDIAN ARBITRATION

Gurkaranbir Singh The Supreme Court in Gayatri Balasamy v. ISG Novasoft Technologies Ltd., (“Gayatri Balasamy Judgment”) has now clarified the scope of judicial intervention in respect of modification of arbitral awards. The Court held that a court is empowered not only to set aside an arbitral award but also to modify or vary an arbitral […]

Categories
Labour Labour

A CRITICAL STUDY OF LABOUR CLAUSES IN INDIA’S RECENT TRADE AGREEMENTS

Radhika Gupta and Kanha Pandey PART I I. Introduction Free Trade Agreements (FTAs) have been subject to widespread criticism on the ground that they prioritise business interests to such an extent that they often have adverse social consequences, such as job losses in traditional manufacturing sectors due to free imports, heightened poverty in developing countries, […]