One of the most closely watched cases in the recent times from a commercial law perspective is the case of Cavendish Square Holding BV v Talal El Makdessi pending before the UK Supreme Court. The hearings were complete on 23.07.2015 and the decision of the court is awaited. The issues involved in th...
Blogs by S. Badrinath
Call for papers from the IJAL (Indian Journal of Arbitration Law) Call for Papers The Indian Journal of Arbitration Law is a biannual, student reviewed Journal by the Centre for Advanced Research and Training in Arbitration Law of National Law University, Jodhpur. National Law University, Jodhpur , ...
Recently, the English High Court (Commercial Court) had the occasion to consider the question whether delay in publishing the award after completion of hearings was a ground for setting aside the arbitral award under Section 68 of the English Arbitration Act, 1996. In BV Scheepswerf Damen Gorinchem ...
The Chinese honor the memory of Qu Yuan, a poet and political activist (3-4 Century BC) on the 5th day of 5th lunar month of every year. Yuan took part in a fight to save his state against hostile take over by a neighbouring state but had to retreat and be in exile owing to orchestrated maligning of...
The Framework Model and Constitutional Interpretation , Jack M. Balkin, Posted on May 20, 2015 http://ssrn.com/abstract=2607105 Constitution is perceived as a basic framework that permits and facilitates political development. Its development need not be only through formal amendments, but in consti...
Electoral reform is in the agenda of Hong Kong’s Legislative Assembly and is hotly debated in public sphere. Democratic assertions of Hong Kong have attracted world attention lately by the sustained occupy movement spearheaded by the youth of Hong Kong. It showcased the spirit and aspirations of a m...
In a relatively recent decision in Pricol Ltd. v. Johnson Controls Enterprises Ltd. & Ors. [Arbitration Case (Civil No. 30 of 2014) dated 16 December 2014], the Supreme Court of India addressed a pathological arbitration clause and referred the parties to arbitration by virtually re-drafting th...
I am glad none found killing the chicken, I rear in my pen and cooking it for dinner, awkward and called for support of Maneka Gandhi to book me under Section 428 of IPC . It had all trappings of attracting the attention of animal rights activists though. Chicken was my pet for sometime It not only ...
Recently, a three-judge Bench of the Supreme Court held in the case of NTPC v. Ashok Kumar Singh (pdf) that where there was a clear clause in the Notice Inviting Tender that Earnest Money Deposit (EMD) would be forfeited on revocation of tender, forfeiture of EMD on the happening of such an event wa...
Judicial delays are in vogue only during intervals. On Law Day or during high profile seminars and conferences where media attention falls. The constantly escalating statistics and ensuing discussions without tangible solutions have desensitized us. It do not to touch the daily lives of majority of ...
Two unfortunate incidents happened recently in two great democracies; India and US. Sheshachalam murders allegedly by Government forces quickly followed by brutal killing of five under-trials in Alair while in transit, both occurred in Andhra Pradesh and the death of Freddie Grey in police custody i...
1. Do Laws Have a Constitutional Shelf Life? By Alli Orr Larsen , Posted on April 20, 2015. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2596646 . An interesting question is posed about the future of law that was relevant and rational when written but lost its value as time and circumstances c...
Nepal is hurt. The people of Nepal deserve efficient administration, swift as well as responsive relief measures and empathy. Gestures of world reaching out to Nepal are heartening, though geographical, structural and administrative challenges makes the relief measures deficient. Among the news of s...
Fresh incidences to silence dissent and opinions, especially in South Asia are a matter of critical concern. Attempts to silence have acquired multiple faces ranging from antics of sending Dahi Misal to murder. Gruesome firing and death of Sabeen Mahmud in Pakistan followed the murder in cold blood ...
Three Rules have been published by the Registrar-General of the Madras High Court in relation to the Madras High Court Arbitration Centre. These Rules are as follows: The Madras High Court Arbitration Centre (MHCAC) (Internal Management) Rules, 2014The Madras High Court Arbitration Centre (MHCAC) (A...
Apparently it looks like, when the nation struggles to showcase an upward mobile index of progress in socio economic front, some sections in Indian society struggle to maintain rock-bottom statistics to prove backwardness. It busts the myth that nobody likes portray as socially backward. But when ba...
Historical research is a very interesting exercise as it brings forth. This post discusses one such event. Most of us know that a five judge Bench of the Supreme Court in Bharat Aluminium Co. v. Kaiser Aluminium Co. (pdf)(BALCO) has held that Part I of the Arbitration & Conciliation Act, 1996 a...
“ What’s the use of law research? Even if there is good research, that doesn’t get translated into law reform. So what’s the point? ” This flurry of questions was what I had to face last night from a friend of mine for which I had no answers. Without knowing that the stumps I was trying to protect w...
In the past few years there has been an increase in the number of journals/ law reviews/ law periodicals (“Law Journals”, for short) in India, especially from the National Law Schools. This is an encouraging development and would go a long way in establishing high academic standards in India. To a t...