• Arbitration

    An Arbitration Clause Will Not Oust Consumer Court Jurisdiction: Aftab Singh v. Emaar MGF Land Limited

    Reading Time: 5 minutes The Supreme Court the previous month reiterated the well-established law that valid arbitration agreements do not bar the jurisdiction of National Consumer Disputes Redressal Commission (“NCDRC”) and other consumer forums. The Court made this observation while dismissing the review petition (dated 12th December, 2018) filed in the case Aftab Singh v. Emaar MGF Land Limited & Anr. In Aftab Singh v. Emaar MGF Land Limited & Anr., the dispute was between a group of home owners (“Buyers”) and Emaar MGF Land Private Limited (“Builder”), who failed to complete the construction and deliver the villas within the timeline stipulated in the agreement between the parties. The Builder…

  • Arbitration

    A Step Ahead: Analysing Indian Arbitration Law in the Context of International Technology Disputes

    Reading Time: 6 minutes Technology based enterprises are becoming the leaders of the global market in its every aspect. No industry has experienced such an explosive growth as has been experienced by the industry of technology-based enterprises; especially in the context of globalisation of economy and the complementary expansion in international trade in recent years. The technology industry is indeed an international sphere due to its components, viz international supplying and distributing networks that has enabled manufacturers to provide their technology products/services to consumers at a global scale. For instance, Biotechnology is high in demand at global scale due to its influence in multiple spheres- medical, environmental, industrial etc., which…

  • Negotiation

    Ethics and Disclosure of Information in a Negotiation

    Reading Time: 4 minutes A negotiation aiming at an equivalent “win-win” gain to both parties may be idealistic and naïve. Rather, a realistic degree of satisfaction wherein both parties are in a mutually agreeable positioning to fulfill their needs whilst satisfying the obligations of the opposing party is ideal. This may not be equally benefiting for both parties but one which benefits both to differing extents.

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