Kavitha Gupta's blog

Supreme Court strikes down clause mandating payment of deposit as pre-condition to invoking arbitration The Supreme Court, in its recent judgment in  ICOMM Tele Ltd. v Punjab State Water Supply and Sewerage Board & Anr.,  delivered on 11 March 2019, has ruled on the validity of an arbitral clause mandating deposit of a certain percentage of the claim amount as a pre-condition for initiating arbitration. FACTS In 2008, the Punjab State Water Supply and Sewerage Board (First Respondent) issued a notice for tender for the extension and augmentation of water supply, sewerage scheme, pumping station and sewerage treatment plant for various towns. ICOMM Tele Ltd. (Appellant) successfully contested for the same and on 16 January 2009, a formal contract was entered into between the Appellant and the Executive Engineer, Punjab State Water Supply and Sewerage (Second Respondent), which contract incorporated the notice for tender. The notice for tender contained...

https://sites-herbertsmithfreehills.vuturevx.com/33/14520/landing-pages/2756e-india-dr-guide-d09.pdf?sid=blankform 17 AUGUST, 2017 Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian companies and who need to have a practical understanding of the nuances of drafting dispute resolution and governing law clauses in the Indian context. https://hsfnotes.com/arbitration/2017/08/17/india-related-commercial-contracts-dispute-resolution-and-governing-law-clauses/

Who’s going to drive you home – legal issues surrounding driverless cars Bristows LLP It is anticipated that advanced driver-assistance technology will be commonplace by 2020 and that truly autonomous vehicles will be seen on our roads by 2025. In recent months more and more companies have announced plans to bring driverless cars to UK roads sooner rather than later – but is the law ready? In this webinar, Bristows’ experts will examine the legal issues arising in relation to driverless cars and discuss whether the existing relevant legal frameworks are fit for purpose. In particular, they will provide insight into issues relating to cyber, data and artificial Intelligence (AI). They will also consider the existing product liability framework and discuss the potential pitfalls and issues with the existing regime. They will further consider the new insurance position for these vehicles as set out in the Automated and Electric Vehicles Act 2018 and what this means for t...

Former employee of one of the party to Arbitration can be an arbitrator in India Law Senate India   March 26 2019 Arbitration scenario in India got a great enthusiasm on 23rd October 2015 because of the amendments brought in to the Arbitration and Conciliation Act,1996 (Herein after "the Act"). One of the major changes brought in by the said amendment was relating to the measures to ensure impartiality and independence of Arbitrators. The Amendment introduced a mandatory declaration by the arbitrators declaring their relationship and connections with the lawyers & parties. The above declaration had to be made in a Format provided under Schedule VI of the Act. While making the above said declaration the potential arbitrator nominee requires to take into consideration, the list of relationships provided in Schedule V of the Act. The said Act in Schedule VII also has provided a list of relationships that are prohibited to be considered as an Arbitrator. The Above...