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
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
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 […]

Categories
Competition Law Uncategorized

THE SWISS CHALLENGE METHOD: A DOUBLE-EDGED SWORD IN PUBLIC PROCUREMENT

Swedha Prakash I. Introduction Large-scale infrastructure projects are becoming increasingly significant, driven by government efforts to boost the economy, such as the National Infrastructure Pipeline (“NIP”), which has allocated an ambitious ₹108 trillion for various projects. Public-Private Partnerships (“PPP”s) have played a crucial role in this commitment to building a strong foundation for sustainable growth […]

Categories
Criminal

A Fresh Look at Alimony: Navigating the New Age Inequalities

Meemansha Choudhary Introduction The rapid advancement of technology and societal evolution often leaves the law struggling to keep pace. While this lag is understandable, given the gravity of legal decisions and their implications on society at large. However, it becomes imperative to question the relevance and manner of implementation of certain concepts in the modern […]

Categories
Criminal

To Bail Or Not To Bail: Conundrum of Section 45, PMLA

Nachiketa Narain & Aredla Praneet Reddy Introduction “Bail is the rule, jail is the exception” is what the division bench of the Supreme Court of India (SC), ruled in Prem Prakash v. Union of India (Prem Prakash) pertaining to bail provision under Prevention of Money Laundering Act, 2002 (PMLA).  It is pertinent to note that […]

Categories
Criminal

Assessing Community Service Implementation as Punishment in India: Is it Truly Punitive?

Priya Sharma Introduction Incorporating community service in the new criminal laws as a punishment for petty offenses is a progressive shift from the traditional retributive theory of justice to a restorative one.  This approach to criminal justice is based on the principle of “abhor the crime and not the criminal”. As Gandhiji wrote in 1946, […]

Categories
Criminal

Cross – Jurisdictional Analysis of Deferred Prosecution Agreements

Divyam Shresth Sinha Introduction Criminal prosecution of a big corporation results in profusion of problems in the economic landscape of a country. Therefore, countries worldwide are willing to enter into Deferred Prosecution Agreements (DPAs) with these corporates. Various countries follow different approaches in their DPA regime. The present paper briefly analyzes the DPA regimes across […]