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Corporate Governance: Financial Regulators and Courts Need To Be On the Same Page
(2013-11-25)
Real corporate governance requires tough financial regulators which effectively work to
safeguard investors’ interests in securities and endeavour to create a proper environment
for the securities market to develop. The ...
Corporate Governance: Confidentiality and Role of Media in Changing Times
(2013-11-22)
There is a certain tension between the primary objective of the media to tell as much
as possible to the public and the objective of the companies to retain confidentiality.
In this tussle, legal and ethical issues are ...
Commerciality’ in International Commercial Arbitration
(2009-03-09)
Enterprises, the world over, now conduct business on a dramatically more international scale. The growth of world economies is directly connected with millions of commercial contracts, which are becoming more international ...
Can Businesses in India ever resolve Disputes Speedily and Effectively?
(2009-08-08)
Business disputes are like cancer which should be stopped from spreading as soon as possible. Litigation is the least favoured method of resolution for a variety of reasons – delay being the foremost. Alternative Dispute ...
Resolving Business Disputes in India by Arbitration: Problems Due to the Definition of ‘Court’
(2009-07-25)
The definition of “Court” in the Arbitration and Conciliation Act, 1996, is substantially different from that in the earlier law of 1940. Due to this new definition, there is tremendous load of work on the District Judge, ...
Is India Ready for Online Dispute Resolution?
(2009-08-21)
The Indian judicial system is marred by delays. Businesses suffer because disputes are not resolved in a reasonable time. Even with the use of methods of alternative dispute resolution a fair number of high value disputes ...
Party Autonomy in International Commercial Arbitration
(2009-08-22)
As global business expands, the number of business disputes is also on the rise. It is extremely difficult or rather impossible to get all these disputes resolved through the conventional method of courts. Moreover, for ...
Competition Law in India: Need to Go Slow and Steady
(2009-09-02)
The globalized and liberalized Indian economy is witnessing cut-throat competition. To provide institutional support to healthy and fair competition, there is a requirement of better regulatory and adjudicatory mechanism. ...
Role of Alternative Dispute Resolution Methods in Development of Society: `Lok Adalat ’ in India
(2009-09-02)
Peace is the sine qua non for development. Disputes and conflicts dissipate valuable time, effort and money of the society. It is of utmost importance that there should not be any conflict in the society. But, in a realistic ...
Medical Negligence and Compensation in India: How Much is Just and Effective?
(Indian Institute of Management, Ahmedabad, 2014)
There is no denying the fact that human life is precious and in cases of medical negligence, the judges find it extremely difficult to decide on the quantum of compensation as the quantum is highly subjective in nature, ...