Arbitrability of Copyright Disputes under Indian Law
Introduction With the rise of the digital economy and global media platforms, copyright-related disputes have become increasingly complex and frequent. As parties seek efficient and confidential methods of resolving such disputes, arbitration has emerged as a prominent alternative to conventional litigation. However, one critical legal question under Indian law is whether copyright disputes can be […]
Frustration of a Contract: Section 32 vs Section 56
The doctrine of impossibility of contract occupies a central position in contract law.It is as a legal response to non-performance of a contract on account of impossibility that renders contractual obligations incapable of performance. Under Indian law,impossibility finds statutory grounding in both Section 32 and Section 56 of the Indian Contract Act, 1872. Though often […]
Is this a condition precedent, a condition subsequent or an obligation?
This article attempts to crystallise the legal principles governing conditions precedent, conditions subsequent and an absolute obligation, under Indian contract law. Condition Precedent Section 7 of the Contract Act, 1872, as amended (“Contract Act”), provides that for a proposal to crystallize into a contract, acceptance must be absolute and unqualified. Therefore, a conditional acceptance is […]
A Turning Point in the Exercise of Inherent Powers under NCLT Rule 11 and Article 142 Glas Trust Company LLC v. BYJU Raveendran & Ors.
This has been authored by Eshna Kumar & Gloria H. Purty. —– Under Rule 11 of the NCLT Rules, the NCLT has been given inherent powers. These powers were regularly used even to carry out settlements. This piece attempts to explain the contours of Rule 11 of the NCLT Rules, in light of the recent […]
Impact of arbitral disputes in the insolvency regime in India
In India, insolvency has become a preferred mode for creditors to enforce theirrights under a contract and/or a statute. The Insolvency and Bankruptcy Code, 2016 recognises these rights primarily for two types of creditors, financial and operational. On admission of an application filed by any such creditor, the corporate insolvency resolution process commences. An order […]
Companies affected shouldn’t add to NPA defaulters list
An expert committee needs to be set up to identify industries affected by Covid-19. At the outset, airlines, hotels, restaurants, transport firms, automobile companies and toll plaza companies can be included in them. The Insolvency and Bankruptcy Code (the “Code”) was promulgated with effect from 1 December 2016 and the powers of Adjudicating Authority were […]