The performance of a contract may require third party involvement towards the fulfilment of obligations under a contract. In certain specific circumstances, the contracting parties may decide to “sub-contract” or “assign” their rights and obligations to a third party depending upon the nature of the contract. In common parlance, sub-contracting and assignment are used interchangeably,... Continue Reading →
The issue pertaining to dispute resolution in case of unstamped or inadequately stamped instruments is an oft — debated question, subject to judicial review since decades. This post presents the transition in the thought process of courts considering the pre – 2021 position and the present view on the issue as it stands today.
The conundrum around arbitrability of disputes was first settled by the Supreme Court in Booz Allen and Hamilton v. SBI Home Finance Limited and Others (“Booz Allen”), where the court laid down the ‘test of arbitrability’ and categorized arbitrability into two segments, namely (i) rights in personam (right against specific individuals) to be amenable to arbitration; and (ii) rights in rem (rights against world at large)...
Estate and succession planning aids in establishing an orderly process of transferring a person’s wealth and assets. As the catastrophic outbreak of COVID-19 continues to wreck a global havoc, it is imperative for the families to secure their hard- earned wealth and assets through estate planning. A well-defined estate and succession plan can prevent future... Continue Reading →
Use of digital contracts have been on a rise due to several dynamic factors such as technological developments and globalization. These factors have acted as a catalyst to the growing trend of digitalization of commercial business models and transactions. This in turn has given a significant rise to digital contracts and electronic records. E-commerce businesses... Continue Reading →
The Information technology (Amendment) Act, 2008 provides with various provisions regarding the DSC and ES. This amendment recognizes ES and takes it under the purview of the IT Act. The word “digital” was replaced by “electronic”, this was done to make the IT Act more technology neutral and expand its applicability beyond digital medium. The... Continue Reading →