Battle Of The Forms & The Last Shot Principle

Articles

Battle Of The Forms & The Last Shot Principle

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Whose terms regulate the parties’ contract is a familiar bone of contention between parties where there have been offers and counter-offers passing between the parties […]

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When is an Arbitration Agreement not an Arbitration Agreement

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Arbitration is a global dispute resolution forum which is diverse in legal, cultural and economic system where the parties range from governments, state owned entities, […]

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Amending Particulars of Claim

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Amending Particulars of Claim may be tricky at best of times and worse impermissible if the amendment does not arise out of the same or […]

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Fact Masquerading as Law

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The DAC Report on the Arbitration Bill 1996 (DAC Report) at page 286 provides: “There have been attempts, both before and after the enactment of […]

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Expert Immunity – A Bygone Era

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Expert Immunity Experts should be aware that if they have been negligent in the past and/or from now on they may be pursued after the […]

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Liquidated & Ascertained Damages

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LIQUIDATED DAMAGES When is a LADS Clause: (i) A penalty: and (ii) Commercially justifiable?

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Reasons in Adjudication

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REASONS IN ADJUDICATION Reasons should be sufficient to demonstrate that the issues to be decided have been addressed.

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How Effective is LCIA’s Bite on Arbitration in India?

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1. Arbitration proceedings in India India’s arbitration dispute-resolution forum is renowned for its sluggish procedure. Many practitioners blame the schedules of counsel and arbitrators because […]

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