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 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, and serious environmental […]

Categories
Privacy Law

Privacy vs. Open Justice? The “Right to Be Forgotten” and Conflicting HC Jurisprudence

Koushiik Kumar Introduction The expansion of digital legal databases has transformed judicial records into globally accessible repositories. This development, while democratising access, has also raised sharp questions of privacy. In Karthick Theodore v. Registrar General (2024), the Madras High Court directed Indian Kanoon to remove a judgment revealing the petitioner’s name and intimate details, despite […]

Categories
Competition Law Insolvency

RACE AGAINST THE CLOCK: SYNCHRONISING COMPETITION AND INSOLVENCY LAW

Divey Pratap Singh Rana Introduction In the case of Independent Sugar Corporation Ltd v. Girish Sriram Juneja, three judge bench of supreme court pronounced a judgement in ratio 2:1 which ruled that the approval of a Resolution Plan (RP) from the  Competition Commission of India (CCI) must be taken prior to the approval of the […]

Categories
Investment Law

COURTS, CAPITAL, AND CONFIDENCE: TOWARDS A RULE OF LAW FRAMEWORK FOR INVESTOR PROTECTION

Sejal Sahu and Anenya Sinha Introduction In the recent judgement of Hyeoksoo Son v. Moon June Seok & Anr., the Supreme Court (SC) emphasized that “the rule of law has a responsibility to protect the investments of foreign investors”. While reiterating that the accused had a right to a fair trial, the SC expressed a […]

Categories
International Law Technology

The Cyber Blockade Dilemma: Redefining Warfare in International Law

Manya Gupta Introduction In June 2025, amid escalating hostilities with Israel, the Iranian government declared a near-total internet blackout, cutting off around 97% of the country’s digital connectivity for thirteen days. Officials claimed the move was necessary to prevent further intrusions after an anti-Iranian group, reportedly with Israeli ties, breached Iran’s state-owned bank Sepah and […]

Categories
Competition Law

PROCEDURAL BATTLEGROUNDS FOR THE CCI: OBSTRUCTION, EPHEMERAL DATA, AND BYOD IN DAWN RAIDS

Abhishek Nidasanametla When the Knock Comes: What India’s Competition Regime Isn’t Ready For In recent years, competition authorities abroad have started to treat ‘obstruction’ during dawn raids (“raid”) as a standalone infringement. Very recently, in Finland, the Market Court upheld a fine of EUR 1.5 million against Attendo Suomi after an employee deleted WhatsApp messages and […]

Categories
Privacy Law Taxation Technology

Digital Trust as Public Infrastructure: Reconciling India’s Financial Inclusion and Tax Formalization Goals

Keshav Maheshwari Introduction: A Crisis of Confidence in a Cashless Revolution India’s Unified Payments Interface (UPI) stands as a monumental achievement in public digital infrastructure, a system that has dramatically lowered transaction costs and brought millions into the formal financial fold. However, a recent and unforeseen development threatens the very trust upon which this revolution […]

Categories
Constitutional Law Uncategorized

The Unconstitutionality of the Waqf Amendment Act, 2025 and the Erosion of Minority Rights

Varun Pandey Introduction The Waqf (Amendment) Act, 2025, was enacted in both Houses of Parliament following a period of vigorous discussion and partisan conflict. It signifies a substantial reform within the Waqf administration in India. Although it implements many initiatives for inclusivity and administrative reform, it simultaneously centralises governmental authority and diminishes the independence of […]

Categories
Constitutional Law

Dworkin’s Herculean Theory: Determining The Binding Force of Menstrual Leave Policy

Lauren Prem I. Introduction Menstrual leave policy in short (MLP), a contemporary discussion, has been viewed by many legal practitioners, to take the form of a right. Prominent advocates throughout the country have associated the policy to derive its enactment force from article 14 of the Constitution which encapsulates the essence of treating equals equally […]