India Losing its Domestic Arbitration! The Need for Legislative Amendment

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…

Designation of ‘Seat’ is akin to exclusive jurisdiction

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.…

Remedies for breach of lease terms

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…

Rent act provides a safety net for tenants

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…