Beyond Arbitration, ODR, and Litigation: Rethinking Dispute Resolution for Crypto Conflicts
Rethinking Dispute Resolution for Blockchain & Crypto Conflicts
Mar 16
127
Interpretation of Contract v. Disregard of the terms of the Contract
Analysis of Section 28(3) of the Arbitration and Conciliation Act, 1996 Sneha Rath[1] and Gaurav Rai[2] PDF version of the Article...
May 20, 2022
3,818
Loss of Profit & other damages for prolongation of the contract
Abhijeet Kumar[1] Introduction 1. In works contract, delays and prolongation are inevitable which are entered into for long projects....
Nov 25, 2021
10,980
Contractual Interpretation in Arbitrations: Business Efficacy and Business Common Sense
Term can only be implied if it is necessary to give business efficacy and if words in a contract flout business common sense it must yield.
Dec 31, 2020
1,101
Fallacy of arguing Economic Duress to challenge supplementary agreements in Construction Contracts
Equating a financial crunch with economic duress runs contrary to and considerably dilutes the criteria for establishing duress.
Dec 15, 2020
942
Exclusionary Clauses in Construction Contracts – Development of Jurisprudence vis-à -vis Arbitration
A contract or part of it is deemed to be unconscionable if it exempts any party thereto from liability for wilful breach of the contract.
Oct 27, 2020
2,709
Saga of Performance of Reciprocal Promises in Arbitration Proceedings
In contract of reciprocal promises where one party prevents the other from performing the contract, such contract becomes voidable.
Aug 18, 2020
1,074
‘Notional Proportional Loss’ Formula: Del HC’s Analysis of the Erroneous Novel Formula for Damages
[T]he authors conclusively put that Arbitrator should not have deviated from the standard formulas for computation of damages.
Aug 12, 2020
541
Force Majeure Clauses and its treatment in Arbitration
If there is no Force Majeure Clause in the contract between the parties, they can only get relief under Section 56 of the Contract Act
Apr 28, 2020
1,252