Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?

Arbitration is hailed as one of the most preferred modes of dispute resolution, primarily in expectance of a speedy resolution of disputes. The amendments to the Arbitration and Conciliation Act, 1996 (Arbitration Act) in recent years have therefore inched towards constructing stricter timelines for completion of arbitral proceedings. The Delhi High Court (Court) in SSIPL Lifestyle Pvt. Ltd. v. Vama Apparels (India) Private Ltd. & Anr.[1] (SSIPL) has discussed an amendment introduced...

Perpetuating The Inequality: The Dichotomy Of Our Society

Thoughts on International Women's Day

Empowering Legal Rights Every Indian Woman Should Be Aware Of!

Newspapers and media are often seen quoting terms like women empowerment, gender equality, and women's rights that call out unanimously to the modern, educated, and a liberated class of female folks that belong to the rapidly changing 21st century. Yet, this transformation on the flip side has severe pitfalls and cracks, notwithstanding the rapid liberation of women, especially in urban areas. Every other day, we come across cases of violence against women, harassment and molestation...

Delhi HC Stays NPPA Notice Against Glenmark To Afford An Opportunity Of Hearing [Read Order]

Recently Delhi High Court dealt with the issue involving whether National Pharmaceutical Pricing Authority has the power under the Drug Price Control Order, 2013 to enjoin a pharmaceutical company to seek an exemption order qua a new drug from price control for a period of five years from the date of manufacturing. The drug in question was "Remo M" and "RemoZen M" of Glenmark Pharmaceutical Ltd which was approved by Drug Controller General of India as a "new drug" in 2019. The said new drug...

Seat V/S Venue Debate: Supreme Court Reiterates The BALCO Position

There have been several sweeping developments in the law of arbitration in India, through judicial pronouncements in 2019. Indian courts have moved back and forth; at times even reviving old legal positions to restore and reiterate the core objectives of arbitration. We have seen one such instance in the recent past. The Hon'ble Supreme Court passed a remarkable judgment in the case of BGS SGS Soma JV v. NHPC Ltd.[1] [BSS JV] which will bear a significant impact on the law of...

Arbitrability Of Competition Disputes In The Indian Context

The Competition Act, 2002 seeks to prevent enterprises from engaging in abusive practices that are detrimental to fair competition and thereby promote consumer welfare in the economic market. The Act brings an element of substantial public interest within its ambit. And when it comes to punishing the violators certain penal sanctions are laid down which makes the arbitrability of the competition law dispute quite doubtful in the present scenario. This article shall provide that whether...

Companies Act 2013: Time To Reboot?

The Finance Minister of India has one of the least enviable jobs in the country at the moment. With GDP growth on the decline and other macro-economic indicators not suggesting a quick recovery, Ms. Sitharaman has her task cut out. She is set to present the Union Budget for 2020 which is likely to face close scrutiny and will indicate the approach that the Modi government proposes to take to address the current, rather stubborn, economic downturn. While the economy has been the...

What Makes MMT-GO Dominant But Not OYO In Cases Of Competition On The Online Platform?

What would it take for the CCI to arrive at sound conclusions in cases of competition on the online platform? When the budget hotels were affected by the conduct of both OYO and MMT charging exorbitant commission, why did CCI not consider this to be an important parameter to assess abuse of dominance in both cases against MMT-Go and OYO?

The Rights Of Consumers In The Digital Age: Advantages And Disadvantages Of E-Commerce

E-commerce has seen immense growth in the recent past; the use of smartphones and readily available internet has completely transformed the way of purchasing today. Today a consumer not only make purchases online but also browse a wide range of goods, look for a specific product and also compare prices easily. But then there are certain disadvantages to this as well. In this article, we are going to look at both the prospect of E-commerce and also the Rights of a consumer in the...

Product Liability Under Consumer Protection Act, 2019

Products liability refers to the liability of any or all parties along the chain of manufacture/supply/service of any product or services for any damage caused by that product. This liability includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner or even the person installing the goods. Products containing inherent defects that cause harm to a consumer/user of the product would be the subject of products liability suits. While...

Goods And Services Tax On E-Commerce Transactions

Goods are Services Tax [GST] has been imposed on "supply of goods or services". It is immaterial as to under what mode of communication the supply contract is negotiated. Tax remains the same even when contract is negotiated orally, in writing or through e-communication. Thus, on a fundamental level, GST on e-commerce operator remains similar to any other mode of supply. Nevertheless, there are a few distinctly specific provisions applicable to e-commerce operators and suppliers of goods...

Sameen Vyas: A Remembrance

Sudden demise of Mr. Sameen Vyas has sent ripples across law firm circles. He suffered cardiac arrest during his sleep and departed unannounced at a young age of barely 52. SV, as he was fondly referred to, was a doyen of the projects practice in the country and backbone of L&L Partners, it being his first and last workplace. Corporate lawyers are seldom eulogized. Unlike their litigating counterparts who enjoy a definite public life through celebrated judgments, courtroom...