[Raghav Bhatia is an Advocate practising at the Supreme Court and Delhi High Court. He can be contacted at [email protected].] Early this year, the Supreme Court of India in Alpine Housing Development Corporation Pvt. Ltd. v. Ashok S. Dhariwal reiterated that only in exceptional circumstances can a party adduce additional evidence under section 34 of the Arbitration and Conciliation Act...
Admissibility of Illegally Obtained Evidence in International Arbitration
[Arjun Chakladar and Aman Kumar Yadav are 4th year undergraduate students at National Law Institute University, Bhopal] The Covid-19 pandemic has necessitated the digital shift and increased dependence on digital technology. In recent times, the admissibility of illegally obtained evidence (‘IOE’) has proven itself an imperative notion in international arbitration. This surge in data protection...
The Use of Circumstantial Evidence in Securities Law Enforcement
[Shruti Rajan is a partner in the Financial Regulatory Practice at Trilegal. Vidhi Shah is an associate with the Financial Regulatory Practice at Trilegal.] Quasi-judicial authorities are not bound by strict rules of evidence. It is settled law that they are “entitled to act on material that may not be accepted as evidence in a court of law,” and examine all relevant information and data in...
Expert Evidence in Arbitration: Should India Dip Its Toes in the Hot-Tub?
[Harsh Srivastava is a 5th year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] For long, India has been seen as a ‘non-arbitration friendly’ jurisdiction owing, inter alia, to the length, costs and inefficiency of the proceedings. Efforts have been made to improve the arbitral framework of the country by incorporating international best practices and...
Is the Indian Arbitration Regime suited for The IBA Rules On Evidence? – Part II
[Muskan Arora is a III year B.A. LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] In the first part of this post, I critique the presence of an undefined good faith standard in imposing sanctions upon the parties in the International Bar Association Rules on the Taking of Evidence (‘IBA Rules’) pursuant to article 9(7) and how the same is particularly...
Is the Indian Arbitration Regime Suited for the IBA Rules On Evidence? – Part I
[Muskan Arora is a III year B.A. LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] The 2010 iteration of the International Bar Association Rules on the Taking of Evidence (‘IBA Rules’) institutes a commendable effort at harmonizing standards on the procedure for taking of evidence in the international arbitration regime. After the first set of rules...
Legal advice privilege for tax advice given by non-lawyers
One of the striking changes in professional advice over the last two or more decades is the gradual erosion of the monopoly which members of the legal profession once had in giving legal advice. This, with the increasing importance of specialisation, has seen businessmen turn to members of other professions who are experts in particular fields that call for legal advice: for example, a chartered...
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