Naveen Kumar LR

Blocking Sci-Hub and Libgen? – State Intervention for ‘Open Access Platforms’ Vis-a-Vis the Elsevier Ltd vs Alexandra Elbakyan Case

In a recent Delhi High Court petition, three major publishing houses- Elsevier Ltd., Wiley India Pvt. Ltd. and American Chemical Society, filed a petition for dynamic blocking of downloads from Sci-Hub and Libgen. They are open access websites which...

India’s International ‘Retrospective Taxation’ Regime Vis-a-Vis PCA Rulings in Vodafone and Cairn in 2020

The imposition of retrospective taxation of foreign companies doing business in India has been at the helm of controversy since the passage of the law in 2012. Several companies have approached domestic courts as well as the Permanent Court...

“Pro-Enforcement Bias” Towards Foreign Arbitral Awards Domestically, in light of Vijay Karia and Ors. V. Prysmian Cavi E Sistemi S.R.L and Ors.

International Arbitration faces challenges domestically due to unharmonized local laws for enforcement. Often it may occur that an award may be unenforceable or challenged on the grounds of non-enforceability due to varying laws. But a global attempt at harmonisation...

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Understanding Contingent Contracts Under the Indian Contract Act

A contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.
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Analysing the Central Vista Project: India’s New Parliament

The government will spend around Rs. 1000 Crore for the new parliament building, right in the center of India’s capital.

Explained: Farm Laws 2020 and its Effect on Indian Farmers

In the recent past, our government has come up with three different ordinances related to agriculture which has infuriated the farmers of our nation.

Job Post: Vacancy for Associate at Sony Pictures Networks India Private Limited, Mumbai

Sony Pictures Networks India Private Limited is looking to hire an Associate with 3-5 years of PQE from Media and Entertainment Industry, preferably with...

Analysing the Enforcement Of Foreign Arbitral Awards In Light Of the Vijay Karia Case

Section 34 of the Arbitration and Conciliation Act, 1996 (Hereinafter “Act”) lays down the basis for setting aside arbitral awards made in domestic and foreign arbitrations held in India. Though international awards cannot be contested in India, the compliance of such awards in India may be validly challenged by the award debtor on the grounds set out in Section 48 of the Act. The grounds set under both these sections are almost similar, one of the grounds being that the arbitral award is found contrary to the “public policy of India”. The question of the constituent elements of “public policy” have been discussed in a number of cases, however, in a recent case of Vijay Karia & Ors. V. Prysmian Cavi E Sistemi Srl & Ors, the SC drew attention to this point viz-a-viz foreign award.