Articles

December 13, 2021

MYTH OF COST EFFECTIVENESS IN ICA

Since, the era of White industries case,the there have been enumerous instances where parties to arbitration preferred ad hoc arbitration over institutional and thereby led to greater expansion of the former over the latter.“Ad-hoc arbitration is considered less expensive than institutional arbitration, as the parties only pay fees of the arbitrators, lawyer’s fees, and the…

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BANKRUPTCY TOURISM IN INTERNATIONAL TRADE

Bankruptcy tourism is a phenomenon that involves MNCs moving to another favourable jurisdiction and filing bankruptcy there by proving the COMI. This also facilitates forum shopping. COMI was first used in the UNCITRAL Model Law on Cross Border Insolvency. When MNCs  opt for forum shopping in a foreign country, there is great amount of economic…

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JUDICIAL REVIEW OF LEGISLATIVE ACTIONS AND HOW TO CHALLENGE IT

“Judicial review of legislative actions with respect to socio-economic rights has attracted intriguing debate among the constitutional law and political science scholars for some time now”. But time and again the judiciary has taken the liberty to comment upon numerous policies enacted by the legislature.This is evident in Anuradha Bhasin vs Union of India and  Puttaswamy judgement.This review implies the power…

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MYTH OF COST EFFECTIVENESS IN ARBITRATION

Since, the era of White industries case,the there have been enumerous instances where parties to arbitration preferred ad hoc arbitration over institutional and thereby led to greater expansion of the former over the latter.“Ad-hoc arbitration is considered less expensive than institutional arbitration, as the parties only pay fees of the arbitrators, lawyer’s fees, and the…

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CONCEPT OF BIAS IN LAW

Bias manifests itself variously and affects a decision in a variety of ways. It can broadly be classified into six categories. We shall be dealing with each kind in detail in this particular article:1.Personal Bias:It arises out of the personal or professional relationship of friendship or hostility between the authority and the parties. Its the human…

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