Recently, the labour enforcement authorities under the Contract Labour (Regulation & Abolition) Act, 1970 (hereinafter “1970 Act”) have initiated prosecutions against Heads of Functional Departments of the factories of Public Sector Undertakings for not obtaining registration under the 1970...

The Statement of Objects and Reasons to the Arbitration & Conciliation (Amendment) Bill, 2015 placed substantial blame on the judiciary for the delay in disposal of arbitration matters and the increasing court interference in arbitration, both of which, according to the said Statement, had, the...

One of the most prominent clauses in Government contracts in India is the risk purchase or the risk and cost clause. This authorises the promisee to get the promise fulfilled either by itself or through a third person in case of the promisor’s default and allows the promisee to be compensated...

Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law...

The recently notified Arbitration and Conciliation (Amendment) Act, 2015 has been enacted with the intent to make Indian arbitration user-friendly, efficient and cost-effective. Arbitration in India was notorious for long delays, lack of professionalism, excessive judicial interference, etc. The...

Over the past few years, several ministers and Government representatives have expressed the desire to make India a hub of international arbitration and to improve India's position in the Ease of Doing Business rankings published by the World Bank The recent amendments to the Arbitration and...

Mr. Vikas Singh and Ms. Nandadevi Deka had written an article in (2015) 4 SCC (J) 12 which dealt with the enforceability of orders of interim measures of protection passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 (“1996 Act”). The substance of...

Three recent judgements of the Delhi High Court deal with the issue as to whether long delay by the arbitral tribunal in passing the arbitral award is sufficient reason for setting aside the award. Delay per se should not be a ground for setting aside the award. The parties should approach the...

The principle of uberrima fidei or utmost good faith is one of the hallmarks of insurance law and has been in vogue at least since the eighteenth century. However, the insurance market as was in existence at that time has changed considerably in the present. This has resulted in a review of the...

Take or pay clauses are extensively used in fuel supply contracts world over. In line with the international practice, such clauses are in vogue in India. Despite their wide usage, take or pay clauses are not free from controversies. These clauses have been frequently challenged in courts,...