In Brief: Arbitration Formalities In India
Arbitration UNCITRAL Model Law Is the arbitration law based on the UNCITRAL Model Law? Yes, the Indian arbitration law is based on the UNCITRAL Model Law. Arbitration agreements What are the formal requirements for an enforceable arbitration agreement? The formal requirements of an enforceable arbitration agreement are contained in section 7 of the Arbitration and …
Gati Shakti Master Plan
The Hon’ble Prime Minister, Mr. Narendra Modi on October 13, 2021 launched the PM Gati Shakti Master Plan (“Gati Shakti/Plan”), a pre-launch announcement for which was made by the Hon’ble Prime Minister in his speech during the 75th Independence Day celebration. Gati Shakti is an initiative to monitor and bring on track the progress of …
Dispute Resolution In India
Litigation Court system What is the structure of the civil court system? The Supreme Court of India is the apex court exercising original, appellate and advisory jurisdiction, followed by the high courts established in different states and union territories of India. All high courts exercise appellate jurisdiction over subordinate courts established in different districts with …
German Supply Chain Act set to come into force on January 1, 2023 – What does this mean for India
Background The German Parliament passed the law on coporate due diligence in supply chains (Lieferkettensorgfaltspflichtengesetz) (“GSCA”) on June 11, 2021. GSCA is slated to come into force on January 1, 2023 and will be implemented in a phased manner. Introduction of GSCA is an affirmative legislative step by the German Parliament to identify and assess …
When In Doubt – “contra proferentem”
“It is entrenched in our jurisprudence that an ambiguous term in an insurance contract is to be construed harmoniously by reading the contract in its entirety. If after that, no clarity emerges, then the term must be interpreted in favour of the insured, i.e., against the drafter of the policy[1].” A three Judges’ Bench of …
Supreme Court: Notification Delayed, Insurers Remain Liable
The insurance industry is booming today. There is no dearth of coverage for a multitude of risks. Claims are on the rise and so is declinature, resulting in disputes between the Insured and the Insurer. Policies falling in the category of claims made or claims made and reported, prescribe a period for notification of a …
Supreme Court: Notification Delayed, Insurers Remain Liable Read More »
