First published on Bar & Bench in January, 2018 https://barandbench.com/domestic-arbitration-urgent-legislative-amendment/ By Payal Chawla Of late, there has been the emergence of a disturbing trend whereby Indian contracting parties are choosing foreign jurisdictions to arbitrate their disputes. Resultantly, India is losing its larger domestic arbitrations, quite antithetical to the reasons for which the amendments to…Details
Published on Bar & Bench, 2017 (https://barandbench.com/designation-seat-akin-exclusive-jurisdiction/) Payal Chawla In a welcome recent decision of Indus Mobile Distribution Pvt. Ltd. v. Datawind Innovations Pvt. Ltd. [(2017) 7 SCC 678], the Hon’ble Supreme Court provided the much-needed clarity on the juridical seat in relation to domestic arbitration. Brief facts of Indus Mobile: The appellant (Indus Mobile) and respondent No.…Details
The importance of IP should not be undermined by startups because of the long-term sustainable advantages it offers. When entrepreneurs embark on that unique business idea that they have no doubt would be a commercial success in the market, their prime focus initially is how to actually start giving shape to the venture. In the…Details
By Payal Chawla Published in 2015 It is about time that India shows its white-collar workers some tender loving care. Legally, that is. Contrary to popular belief, millions of corporate managers are vulnerable to exploitation and abuse. The reason: there aren’t any labour legislations protecting them. A manager’s legal relationship with the employer is…Details
I had, in the last column, elaborated on the rights of statutory tenants. Such tenants fall under the Delhi Rent Control Act of 1958 and enjoy protection from eviction by landlords.
The remedies available, in law, for breach of the terms of a lease would generally be the award of damages; the grant of injunctions (temporary, mandatory or permanent); grant of interest on delay in refunding the security deposit or for delay in payment of rent; and specific performance. In this article, we will discuss damages…Details
The Delhi Rent COntrol Act, 1958 (Rent Act) is a legislation enacted on December 31, 1958 to control rents and evictions in certain locations such as areas within the limits of the New Delhi Municipal Corporation (NDMC), Delhi Cantonment Board and such specified urban areas falling within the limits of the Municipal Corporation of Delhi…Details
DO you have a standard form, take it or leave it lease agreement, that you usually have the other side execute? Not that these are unlawful, but you should be aware that these agreements may be read against you.