ONLINE DISPUTE RESOLUTION: A Step Forward

-by Anwesha Singh & Alivya Sahay The internet has brought about a radical change by revolutionizing technological inventions. In recent times, the different mechanisms of alternate dispute resolution (“ADR”) procedures have absorbed within it the system of Online Dispute Resolution (“ODR”). ODR in India is in its outset stage and is fast gaining importance. Concept of Online Dispute Resolution: ODR refers to “a wide class of … Continue reading ONLINE DISPUTE RESOLUTION: A Step Forward

NATURAL GAS PROCUREMENT POLICY IN INDIA: An Overview

-by Aditya Gaggar The power sector’s importance to any country’s economy cannot be overemphasized. The fact that the Indian power sector is the largest consumer of natural gas on a sectoral basis, consuming about 40% of the total natural gas in the country, only serves to re-emphasise its dependence on natural gas. Still, as important and sizable as it may seem, there does not appear … Continue reading NATURAL GAS PROCUREMENT POLICY IN INDIA: An Overview

IMPLICATIONS OF WORK FROM HOME ON DATA PRIVACY AND CONFIDENTIALITY: A Legal Perspective

-by Atisha Sisodiya & Bodhisattwa Majumdar  The ongoing COVID-19 crisis and the nationwide lockdown has led to an unprecedented transition of a large proportion of the population to Work from Home (WFH). In the midst of such a crisis, accompanied by what the World Health Organization (WHO) calls an ‘infodemic’ – an over-abundance of information, some from reliable sources and some not, it is easy … Continue reading IMPLICATIONS OF WORK FROM HOME ON DATA PRIVACY AND CONFIDENTIALITY: A Legal Perspective

INDIA AS A MEDIATOR IN ISRAEL-PALESTINE CONFLICT: An Olive Branch Extended

-by Manya Anjari & Nikunj Mahenshwari At the beginning of March 2020, a delegation of the UN Committee On The Exercise Of The Inalienable Rights Of Palestine People, recommended India to initiate mediation dialogues between Israel and Palestine to allay their on-going conflict.[1]  India, being an emerging power in the West Asia region creates a requisite power balance in the mediation process. Moreover, the strategic … Continue reading INDIA AS A MEDIATOR IN ISRAEL-PALESTINE CONFLICT: An Olive Branch Extended

AN ECONOMIC MODEL OF PRECAUTION TO ACHIEVE OPTIMAL TORT LIABILITIES RULES

-by Sherry Shukla & Arpit Lahoti Introduction: The economic model of precaution deals with two main objectives to be achieved i.e. first being minimization of social cost associated with the activities that involve risky behaviour and the second being evolution of the socially efficient or optimal level of precaution. It mainly focuses on two aspects i.e. cost of harm and the precaution taken to avoid … Continue reading AN ECONOMIC MODEL OF PRECAUTION TO ACHIEVE OPTIMAL TORT LIABILITIES RULES

THE OBSOLETE AND DORMANT LAWS

-by NL Rajah Nangavaram On 27th August 2014, the Prime Minister with the objective of providing greater impetus to the reforms agenda of his government set up a committee to identify obsolete laws.  Earlier the P.C. Jain committee on administrative reforms established in 1998, by then Prime Minister A.B. Vajpayee identified 1382 Acts which qualified for being repealed. However, of these, only 415 had been … Continue reading THE OBSOLETE AND DORMANT LAWS

COMPETITION LAW AND AVIATION SECTOR

-by Rishabh Warrier The Indian aviation market has seen very tumultuous conditions, with frequent bankruptcies and shutting down of companies. The recent demise of Jet Airways, at one point holding the highest share in the Indian Market, and others like Kingfisher and Air India are prime examples. The Indian aviation sector is no stranger to violations of the Act, 2002. These violations have been a … Continue reading COMPETITION LAW AND AVIATION SECTOR

THE TRANSGENDER ACT, 2019: A Safeguard?

-by Akshita Tiwary The Transgender Persons (Protection of Rights) Act, 2019[i] (hereinafter, “the Act”) came into effect on 5th December 2019 amidst mass opposition by the public. The Act is the latest attempt of the Parliament to safeguard rights of India’s transgender community, as was directed by the Supreme Court in the case of National Legal Services Authority v. Union of India and Others (hereinafter, … Continue reading THE TRANSGENDER ACT, 2019: A Safeguard?

THE UNFRIENDLINESS OF THE LAW TOWARDS CHILDREN

-by Anchal Bhatheja The Best Interest of the Child principle (BIOC)  has been gaining importance in the letter and the spirit of the law. Right from International conventions, domestic legislation and judicial decisions, the BIOC principle has been recognised and subjected to diverse interpretations across the spectrum. I argue that despite this principle, there are certain lacunae in the substantive and procedural law concerning custody … Continue reading THE UNFRIENDLINESS OF THE LAW TOWARDS CHILDREN

IS THE POSITION ON AUTOMATIC STAY OF AWARDS FINALLY SETTLED: HINDUSTAN CONSTRUCTION COMPANY LTD V UNION OF INDIA

-by Abhishar Vidyarthi The Hon’ble Supreme Court of India (“Court”) in a landmark decision titled “Hindustan Construction Company Ltd v Union of India” (Hindustan Company) struck down Section 87 of the Arbitration and Conciliation Act 1996, (“1996 Act”) which was inserted through the Arbitration and Conciliation (Amendment) Act, 2019 (“Amendment Act 2019”). Section 87, as inserted by the Amendment Act 2019, restricted the retrospective application … Continue reading IS THE POSITION ON AUTOMATIC STAY OF AWARDS FINALLY SETTLED: HINDUSTAN CONSTRUCTION COMPANY LTD V UNION OF INDIA