ArchiveDecember 2018

Inclusion of Non-signatory Third Parties in an Arbitration Proceeding

[Divyansha Agrawal is a B.A.LLB (Hons.) student at Jindal Global Law School] Introduction                     According to the principle of competence-competence, an arbitral tribunal in a given case has full authority to rule on its own jurisdiction. Articles 8 and 16 of the UNCITRAL Model Law re-affirm this principle. Article 16(3) of Model Law provides that the arbitral tribunal may rule on an...

Whether a Refund of Advance is an Operational Debt

[Richa Saraf and Shreya Jain are with Vinod Kothari Consultants Pvt. Ltd.] It is not an unusual business practice to collect advance monies from consumers before providing goods or services to them. In such a scenario, consumers constantly bear the risk of not being able to recover the advance amount in the event the provider of goods or services abruptly ceases operations and, as such, also...

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