�ݺ�ߣshows by User: BadrinathSrinivasan4

�ݺ�ߣshows by User: BadrinathSrinivasan4 / http://www.slideshare.net/images/logo.gif �ݺ�ߣshows by User: BadrinathSrinivasan4 / Wed, 15 Jul 2020 15:36:34 GMT �ݺ�ߣShare feed for �ݺ�ߣshows by User: BadrinathSrinivasan4 Hardship as a Defence against Specific Performance- The Case of Covid 19 /slideshow/hardship-as-a-defence-against-specific-performance-the-case-of-covid-19/236934090 hardship-200715153634
Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)]]>
Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)]]> Wed, 15 Jul 2020 15:36:34 GMT /slideshow/hardship-as-a-defence-against-specific-performance-the-case-of-covid-19/236934090 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Hardship as a Defence against Specific Performance- The Case of Covid 19 BadrinathSrinivasan4 Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI) <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/hardship-200715153634-thumbnail.jpg?width=120&height=120&fit=bounds" /> Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)

Hardship as a Defence against Specific Performance- The Case of Covid 19 from Badrinath Srinivasan

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0 Indian Construction Contracts & Covid19 : Way Forward /slideshow/indian-construction-contracts-covid19-way-forward/236258288 constrcontractscovid19-200626150331
The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.]]>
The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.]]> Fri, 26 Jun 2020 15:03:31 GMT /slideshow/indian-construction-contracts-covid19-way-forward/236258288 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Indian Construction Contracts & Covid19 : Way Forward BadrinathSrinivasan4 The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/constrcontractscovid19-200626150331-thumbnail.jpg?width=120&height=120&fit=bounds" /> The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.

Indian Construction Contracts & Covid19 : Way Forward from Badrinath Srinivasan

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0 Mediation in India: Need for a Legislation? /slideshow/mediation-in-india-need-for-a-legislation/152667240 190522mediationlegislation-190629190558
This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.]]>
This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.]]> Sat, 29 Jun 2019 19:05:58 GMT /slideshow/mediation-in-india-need-for-a-legislation/152667240 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Mediation in India: Need for a Legislation? BadrinathSrinivasan4 This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/190522mediationlegislation-190629190558-thumbnail.jpg?width=120&height=120&fit=bounds" /> This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.

Mediation in India: Need for a Legislation? from Badrinath Srinivasan

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0 Former Employee as Arbitrator after GF Toll /slideshow/former-employee-as-arbitrator-after-gf-toll/127401031 formeremployeeasarbr-190107012147
Appointment of former employees of a party has been a controversial topic and it was expected that the 2015 amendments would settle the issue once and for all. However, recent developments have titled in favour of allowing former employees to act as arbitrators. A few days back, the Supreme Court of India held in The Government of Haryana PWD Haryana (B and R) Branch v. M/s. G.F. Toll Road Pvt. Ltd. & Ors., that there is no bar under the Arbitration and Conciliation Act, 1996, even after the 2015 amendments, barring former employees of a party from acting as arbitrator. This 14 slide presentation addresses the decision of the Supreme Court. ]]>
Appointment of former employees of a party has been a controversial topic and it was expected that the 2015 amendments would settle the issue once and for all. However, recent developments have titled in favour of allowing former employees to act as arbitrators. A few days back, the Supreme Court of India held in The Government of Haryana PWD Haryana (B and R) Branch v. M/s. G.F. Toll Road Pvt. Ltd. & Ors., that there is no bar under the Arbitration and Conciliation Act, 1996, even after the 2015 amendments, barring former employees of a party from acting as arbitrator. This 14 slide presentation addresses the decision of the Supreme Court. ]]> Mon, 07 Jan 2019 01:21:47 GMT /slideshow/former-employee-as-arbitrator-after-gf-toll/127401031 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Former Employee as Arbitrator after GF Toll BadrinathSrinivasan4 Appointment of former employees of a party has been a controversial topic and it was expected that the 2015 amendments would settle the issue once and for all. However, recent developments have titled in favour of allowing former employees to act as arbitrators. A few days back, the Supreme Court of India held in —The Government of Haryana PWD Haryana (B and R) Branch v. M/s. G.F. Toll Road Pvt. Ltd. & Ors., that there is no bar under the Arbitration and Conciliation Act, 1996, even after the 2015 amendments, barring former employees of a party from acting as arbitrator. This 14 slide presentation addresses the decision of the Supreme Court. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/formeremployeeasarbr-190107012147-thumbnail.jpg?width=120&height=120&fit=bounds" /> Appointment of former employees of a party has been a controversial topic and it was expected that the 2015 amendments would settle the issue once and for all. However, recent developments have titled in favour of allowing former employees to act as arbitrators. A few days back, the Supreme Court of India held in —The Government of Haryana PWD Haryana (B and R) Branch v. M/s. G.F. Toll Road Pvt. Ltd. & Ors., that there is no bar under the Arbitration and Conciliation Act, 1996, even after the 2015 amendments, barring former employees of a party from acting as arbitrator. This 14 slide presentation addresses the decision of the Supreme Court.

Former Employee as Arbitrator after GF Toll from Badrinath Srinivasan

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0 Consortium & Determination of "International" Character of Arbitration in India /slideshow/consortium-determination-of-international-character-of-arbitration-in-india-126950826/126950826 consortiumintlcharofarbitrationinindia-181229162741
This paper critically evaluates the recent decision of the Supreme Court of India in Larsen and Toubro Limited Scomi Engineering BHD v. Mumbai Metropolitan Region Development Authority (2018) where the Court laid down tests to determine the international character of an agreement in which the contractor-consortium consisted of a non-Indian entity. ]]>
This paper critically evaluates the recent decision of the Supreme Court of India in Larsen and Toubro Limited Scomi Engineering BHD v. Mumbai Metropolitan Region Development Authority (2018) where the Court laid down tests to determine the international character of an agreement in which the contractor-consortium consisted of a non-Indian entity. ]]> Sat, 29 Dec 2018 16:27:41 GMT /slideshow/consortium-determination-of-international-character-of-arbitration-in-india-126950826/126950826 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Consortium & Determination of "International" Character of Arbitration in India BadrinathSrinivasan4 This paper critically evaluates the recent decision of the Supreme Court of India in Larsen and Toubro Limited Scomi Engineering BHD v. Mumbai Metropolitan Region Development Authority (2018) where the Court laid down tests to determine the international character of an agreement in which the contractor-consortium consisted of a non-Indian entity. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/consortiumintlcharofarbitrationinindia-181229162741-thumbnail.jpg?width=120&height=120&fit=bounds" /> This paper critically evaluates the recent decision of the Supreme Court of India in Larsen and Toubro Limited Scomi Engineering BHD v. Mumbai Metropolitan Region Development Authority (2018) where the Court laid down tests to determine the international character of an agreement in which the contractor-consortium consisted of a non-Indian entity.

Consortium & Determination of "International" Character of Arbitration in India from Badrinath Srinivasan

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0 Substituted Performance in Indian Contract Law: An Analysis /slideshow/substituted-performance-in-indian-contract-law-an-analysis/120987392 substitutedperformancebadrinathsrinivasanf-181028134910
One of the most prominent clauses in Government contracts in India is the risk purchase or the risk and cost clause. This authorises the promisee to get the promise fulfilled either by itself or through a third person in case of the promisor’s default and allows the promisee to be compensated for the increased costs and effort. Till now, the legal framework of such risk and cost contracting was not clear, leading to difference in decisions in courts and arbitral tribunals on various aspects of risk and cost contracting. Now, the Parliament has attempted to lay down the framework for such risk and cost contracting under the rubric of “substituted performance” by enacting the Specific Relief (Amendment) Act, 2018. This paper analyses the law on the subject and evaluates the provisions in the said Act. It concludes by providing suggestions to contract drafters on how to modify their existing risk and cost contracting clauses and to courts on how best to construe Section 20 to ensure consonance with the salutary objectives behind enactment of the amendments. This presentation was made in the 4th International Conference on International & Domestic Arbitration: Current Scenario & Way Ahead, Chennai, 26-27 October 2018.]]>
One of the most prominent clauses in Government contracts in India is the risk purchase or the risk and cost clause. This authorises the promisee to get the promise fulfilled either by itself or through a third person in case of the promisor’s default and allows the promisee to be compensated for the increased costs and effort. Till now, the legal framework of such risk and cost contracting was not clear, leading to difference in decisions in courts and arbitral tribunals on various aspects of risk and cost contracting. Now, the Parliament has attempted to lay down the framework for such risk and cost contracting under the rubric of “substituted performance” by enacting the Specific Relief (Amendment) Act, 2018. This paper analyses the law on the subject and evaluates the provisions in the said Act. It concludes by providing suggestions to contract drafters on how to modify their existing risk and cost contracting clauses and to courts on how best to construe Section 20 to ensure consonance with the salutary objectives behind enactment of the amendments. This presentation was made in the 4th International Conference on International & Domestic Arbitration: Current Scenario & Way Ahead, Chennai, 26-27 October 2018.]]> Sun, 28 Oct 2018 13:49:10 GMT /slideshow/substituted-performance-in-indian-contract-law-an-analysis/120987392 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Substituted Performance in Indian Contract Law: An Analysis BadrinathSrinivasan4 One of the most prominent clauses in Government contracts in India is the risk purchase or the risk and cost clause. This authorises the promisee to get the promise fulfilled either by itself or through a third person in case of the promisor’s default and allows the promisee to be compensated for the increased costs and effort. Till now, the legal framework of such risk and cost contracting was not clear, leading to difference in decisions in courts and arbitral tribunals on various aspects of risk and cost contracting. Now, the Parliament has attempted to lay down the framework for such risk and cost contracting under the rubric of “substituted performance” by enacting the Specific Relief (Amendment) Act, 2018. This paper analyses the law on the subject and evaluates the provisions in the said Act. It concludes by providing suggestions to contract drafters on how to modify their existing risk and cost contracting clauses and to courts on how best to construe Section 20 to ensure consonance with the salutary objectives behind enactment of the amendments. This presentation was made in the 4th International Conference on International & Domestic Arbitration: Current Scenario & Way Ahead, Chennai, 26-27 October 2018. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/substitutedperformancebadrinathsrinivasanf-181028134910-thumbnail.jpg?width=120&height=120&fit=bounds" /> One of the most prominent clauses in Government contracts in India is the risk purchase or the risk and cost clause. This authorises the promisee to get the promise fulfilled either by itself or through a third person in case of the promisor’s default and allows the promisee to be compensated for the increased costs and effort. Till now, the legal framework of such risk and cost contracting was not clear, leading to difference in decisions in courts and arbitral tribunals on various aspects of risk and cost contracting. Now, the Parliament has attempted to lay down the framework for such risk and cost contracting under the rubric of “substituted performance” by enacting the Specific Relief (Amendment) Act, 2018. This paper analyses the law on the subject and evaluates the provisions in the said Act. It concludes by providing suggestions to contract drafters on how to modify their existing risk and cost contracting clauses and to courts on how best to construe Section 20 to ensure consonance with the salutary objectives behind enactment of the amendments. This presentation was made in the 4th International Conference on International & Domestic Arbitration: Current Scenario & Way Ahead, Chennai, 26-27 October 2018.

Substituted Performance in Indian Contract Law: An Analysis from Badrinath Srinivasan

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0 Lecture 5: Relevancy of Certain Statements under Certain Circumstances /slideshow/lecture-5-relevancy-of-certain-statements-under-certain-circumstances/94930178 lecture5evidenceact-180425020540
This is the fifth lecture in the lecture series on the All India Bar Exam (Tamil) and the fourth lecture on the Indian Evidence Act, 1872. This lecture discusses the relevancy of statements by persons who cannot be called as witnesses (s. 32-33) and of statements made under special circumstances (s. 34 - 39). The lecture audio can be downloaded from this SoundCloud link: https://goo.gl/G9CR3y. The lecture video can be accessed from here: https://youtu.be/wrwPDf8Hj14]]>
This is the fifth lecture in the lecture series on the All India Bar Exam (Tamil) and the fourth lecture on the Indian Evidence Act, 1872. This lecture discusses the relevancy of statements by persons who cannot be called as witnesses (s. 32-33) and of statements made under special circumstances (s. 34 - 39). The lecture audio can be downloaded from this SoundCloud link: https://goo.gl/G9CR3y. The lecture video can be accessed from here: https://youtu.be/wrwPDf8Hj14]]> Wed, 25 Apr 2018 02:05:40 GMT /slideshow/lecture-5-relevancy-of-certain-statements-under-certain-circumstances/94930178 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Lecture 5: Relevancy of Certain Statements under Certain Circumstances BadrinathSrinivasan4 This is the fifth lecture in the lecture series on the All India Bar Exam (Tamil) and the fourth lecture on the Indian Evidence Act, 1872. This lecture discusses the relevancy of statements by persons who cannot be called as witnesses (s. 32-33) and of statements made under special circumstances (s. 34 - 39). The lecture audio can be downloaded from this SoundCloud link: https://goo.gl/G9CR3y. The lecture video can be accessed from here: https://youtu.be/wrwPDf8Hj14 <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/lecture5evidenceact-180425020540-thumbnail.jpg?width=120&height=120&fit=bounds" /> This is the fifth lecture in the lecture series on the All India Bar Exam (Tamil) and the fourth lecture on the Indian Evidence Act, 1872. This lecture discusses the relevancy of statements by persons who cannot be called as witnesses (s. 32-33) and of statements made under special circumstances (s. 34 - 39). The lecture audio can be downloaded from this SoundCloud link: https://goo.gl/G9CR3y. The lecture video can be accessed from here: https://youtu.be/wrwPDf8Hj14

Lecture 5: Relevancy of Certain Statements under Certain Circumstances from Badrinath Srinivasan

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0 Lecture 4: Relevancy of Admissions & Confessions /slideshow/lecture-4-relevancy-of-admissions-confessions/94403285 lecture4evidenceact-180420010258
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!]]>
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!]]> Fri, 20 Apr 2018 01:02:58 GMT /slideshow/lecture-4-relevancy-of-admissions-confessions/94403285 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Lecture 4: Relevancy of Admissions & Confessions BadrinathSrinivasan4 This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos! <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/lecture4evidenceact-180420010258-thumbnail.jpg?width=120&height=120&fit=bounds" /> This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!

Lecture 4: Relevancy of Admissions & Confessions from Badrinath Srinivasan

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0 Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872 /slideshow/lecture-2-preliminary-aspects-of-the-indian-evidence-act-1872/93861738 lecture2evidenceact-180414062436
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs ]]>
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs ]]> Sat, 14 Apr 2018 06:24:36 GMT /slideshow/lecture-2-preliminary-aspects-of-the-indian-evidence-act-1872/93861738 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872 BadrinathSrinivasan4 This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/lecture2evidenceact-180414062436-thumbnail.jpg?width=120&height=120&fit=bounds" /> This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs

Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872 from Badrinath Srinivasan

]]> 1842 4 https://cdn.slidesharecdn.com/ss_thumbnails/lecture2evidenceact-180414062436-thumbnail.jpg?width=120&height=120&fit=bounds presentation Black http://activitystrea.ms/schema/1.0/post

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0 Lecture 1: The Structure of Evidence Act, 1872 /BadrinathSrinivasan4/lecture-1-the-structure-of-evidence-act-1872-tamil lecture1evidenceact-180410164036
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam XII (2018). The lecture deals with the structure of the Indian Evidence Act, 1872 and provides tips on how to approach the questions in the exam on the said Act. The audio of this lecture can be downloaded at:https://goo.gl/8wGEzo (SoundCloud link) and the video can be viewed at: (YouTube link)]]>
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam XII (2018). The lecture deals with the structure of the Indian Evidence Act, 1872 and provides tips on how to approach the questions in the exam on the said Act. The audio of this lecture can be downloaded at:https://goo.gl/8wGEzo (SoundCloud link) and the video can be viewed at: (YouTube link)]]> Tue, 10 Apr 2018 16:40:36 GMT /BadrinathSrinivasan4/lecture-1-the-structure-of-evidence-act-1872-tamil BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Lecture 1: The Structure of Evidence Act, 1872 BadrinathSrinivasan4 This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam XII (2018). The lecture deals with the structure of the Indian Evidence Act, 1872 and provides tips on how to approach the questions in the exam on the said Act. The audio of this lecture can be downloaded at:https://goo.gl/8wGEzo (SoundCloud link) and the video can be viewed at: (YouTube link) <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/lecture1evidenceact-180410164036-thumbnail.jpg?width=120&height=120&fit=bounds" /> This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam XII (2018). The lecture deals with the structure of the Indian Evidence Act, 1872 and provides tips on how to approach the questions in the exam on the said Act. The audio of this lecture can be downloaded at:https://goo.gl/8wGEzo (SoundCloud link) and the video can be viewed at: (YouTube link)

Lecture 1: The Structure of Evidence Act, 1872 from Badrinath Srinivasan

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0 Retrospective Applicability of the 2015 Amendments to Indian Arbitration Law /slideshow/retrospective-applicability-of-the-2015-amendments-to-indian-arbitration-law/91840255 bcci-180325012834
The presentation provides a descriptive comment of the recent decision of the Supreme Court of India in BCCI v Kochi Cricket Ltd. (15.03.2018), which partially answers whether the 2015 amendments to the Arbitration and Conciliation Act, 1996 are prospective or even apply to pending proceedings ]]>
The presentation provides a descriptive comment of the recent decision of the Supreme Court of India in BCCI v Kochi Cricket Ltd. (15.03.2018), which partially answers whether the 2015 amendments to the Arbitration and Conciliation Act, 1996 are prospective or even apply to pending proceedings ]]> Sun, 25 Mar 2018 01:28:34 GMT /slideshow/retrospective-applicability-of-the-2015-amendments-to-indian-arbitration-law/91840255 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Retrospective Applicability of the 2015 Amendments to Indian Arbitration Law BadrinathSrinivasan4 The presentation provides a descriptive comment of the recent decision of the Supreme Court of India in BCCI v Kochi Cricket Ltd. (15.03.2018), which partially answers whether the 2015 amendments to the Arbitration and Conciliation Act, 1996 are prospective or even apply to pending proceedings <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/bcci-180325012834-thumbnail.jpg?width=120&height=120&fit=bounds" /> The presentation provides a descriptive comment of the recent decision of the Supreme Court of India in BCCI v Kochi Cricket Ltd. (15.03.2018), which partially answers whether the 2015 amendments to the Arbitration and Conciliation Act, 1996 are prospective or even apply to pending proceedings

Retrospective Applicability of the 2015 Amendments to Indian Arbitration Law from Badrinath Srinivasan

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0 Arbitrability of Tenancy Matters in India: Recent Developments /slideshow/arbitrability-of-tenancy-matters-in-india-recent-developments/86528416 arbitrabilityoftenancymatters-180122155630
The presentation discusses the recent judgement of the Supreme Court in Himangni Enterprises v. KS Ahluwalia (SCI. 2017) where the Supreme Court reiterated the previously held position that tenancy/ eviction matters were not arbitrable. The presentation concludes raising questions as to whether it is sound policy to make such disputes non-arbitrable. ]]>
The presentation discusses the recent judgement of the Supreme Court in Himangni Enterprises v. KS Ahluwalia (SCI. 2017) where the Supreme Court reiterated the previously held position that tenancy/ eviction matters were not arbitrable. The presentation concludes raising questions as to whether it is sound policy to make such disputes non-arbitrable. ]]> Mon, 22 Jan 2018 15:56:30 GMT /slideshow/arbitrability-of-tenancy-matters-in-india-recent-developments/86528416 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Arbitrability of Tenancy Matters in India: Recent Developments BadrinathSrinivasan4 The presentation discusses the recent judgement of the Supreme Court in Himangni Enterprises v. KS Ahluwalia (SCI. 2017) where the Supreme Court reiterated the previously held position that tenancy/ eviction matters were not arbitrable. The presentation concludes raising questions as to whether it is sound policy to make such disputes non-arbitrable. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/arbitrabilityoftenancymatters-180122155630-thumbnail.jpg?width=120&height=120&fit=bounds" /> The presentation discusses the recent judgement of the Supreme Court in Himangni Enterprises v. KS Ahluwalia (SCI. 2017) where the Supreme Court reiterated the previously held position that tenancy/ eviction matters were not arbitrable. The presentation concludes raising questions as to whether it is sound policy to make such disputes non-arbitrable.

Arbitrability of Tenancy Matters in India: Recent Developments from Badrinath Srinivasan

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0 Incorporation of Arbitration Clause by Reference: Inox Wind v Thermocables (SCI: 05.01.2018) /slideshow/incorporation-of-arbitration-clause-by-reference-inox-wind-v-thermocables-sci-05012018/85941408 inoxwindvthermocablessci2017-180110003222
On 05.01.2018, the Supreme Court of India delivered an important judgement on the law on incorporation of arbitration clause by reference. The question before the Supreme Court was whether the arbitration clause forming a part of standard form of contract of a party is binding on the contracting parties if the standard form is incorporated by reference to govern their contract. The court was of the view that the previous decision of the Supreme Court in MR Engineers & Contractors Pvt. Ltd. v. Som Datt Builders Ltd. (2009) 7 SCC 696 restricted incorporation only to standard forms of terms of trade associations/ professional bodies, and not to standard terms of a party. The court held that English law (which was relied on by the court in MR Engineers has since evolved and that a mere reference in the contract to the standard terms of one of the parties to the contract is sufficient to treat the arbitration clause containing in such standard terms as binding between the parties. This presentation critically evaluates the decision and raises significant questions on the efficacy of the current law on the subject. While it agrees with the conclusion of the Supreme Court on the main aspect before the case, it raises questions on the manner in which the change of law has been achieved without reference of the question to a larger Bench. The presentation also argues that the position on the law as regards incorporation in general is not satisfactory and requires detailed consideration by a larger Bench. ]]>
On 05.01.2018, the Supreme Court of India delivered an important judgement on the law on incorporation of arbitration clause by reference. The question before the Supreme Court was whether the arbitration clause forming a part of standard form of contract of a party is binding on the contracting parties if the standard form is incorporated by reference to govern their contract. The court was of the view that the previous decision of the Supreme Court in MR Engineers & Contractors Pvt. Ltd. v. Som Datt Builders Ltd. (2009) 7 SCC 696 restricted incorporation only to standard forms of terms of trade associations/ professional bodies, and not to standard terms of a party. The court held that English law (which was relied on by the court in MR Engineers has since evolved and that a mere reference in the contract to the standard terms of one of the parties to the contract is sufficient to treat the arbitration clause containing in such standard terms as binding between the parties. This presentation critically evaluates the decision and raises significant questions on the efficacy of the current law on the subject. While it agrees with the conclusion of the Supreme Court on the main aspect before the case, it raises questions on the manner in which the change of law has been achieved without reference of the question to a larger Bench. The presentation also argues that the position on the law as regards incorporation in general is not satisfactory and requires detailed consideration by a larger Bench. ]]> Wed, 10 Jan 2018 00:32:22 GMT /slideshow/incorporation-of-arbitration-clause-by-reference-inox-wind-v-thermocables-sci-05012018/85941408 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Incorporation of Arbitration Clause by Reference: Inox Wind v Thermocables (SCI: 05.01.2018) BadrinathSrinivasan4 On 05.01.2018, the Supreme Court of India delivered an important judgement on the law on incorporation of arbitration clause by reference. The question before the Supreme Court was whether the arbitration clause forming a part of standard form of contract of a party is binding on the contracting parties if the standard form is incorporated by reference to govern their contract. The court was of the view that the previous decision of the Supreme Court in MR Engineers & Contractors Pvt. Ltd. v. Som Datt Builders Ltd. (2009) 7 SCC 696 restricted incorporation only to standard forms of terms of trade associations/ professional bodies, and not to standard terms of a party. The court held that English law (which was relied on by the court in MR Engineers has since evolved and that a mere reference in the contract to the standard terms of one of the parties to the contract is sufficient to treat the arbitration clause containing in such standard terms as binding between the parties. This presentation critically evaluates the decision and raises significant questions on the efficacy of the current law on the subject. While it agrees with the conclusion of the Supreme Court on the main aspect before the case, it raises questions on the manner in which the change of law has been achieved without reference of the question to a larger Bench. The presentation also argues that the position on the law as regards incorporation in general is not satisfactory and requires detailed consideration by a larger Bench. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/inoxwindvthermocablessci2017-180110003222-thumbnail.jpg?width=120&height=120&fit=bounds" /> On 05.01.2018, the Supreme Court of India delivered an important judgement on the law on incorporation of arbitration clause by reference. The question before the Supreme Court was whether the arbitration clause forming a part of standard form of contract of a party is binding on the contracting parties if the standard form is incorporated by reference to govern their contract. The court was of the view that the previous decision of the Supreme Court in MR Engineers & Contractors Pvt. Ltd. v. Som Datt Builders Ltd. (2009) 7 SCC 696 restricted incorporation only to standard forms of terms of trade associations/ professional bodies, and not to standard terms of a party. The court held that English law (which was relied on by the court in MR Engineers has since evolved and that a mere reference in the contract to the standard terms of one of the parties to the contract is sufficient to treat the arbitration clause containing in such standard terms as binding between the parties. This presentation critically evaluates the decision and raises significant questions on the efficacy of the current law on the subject. While it agrees with the conclusion of the Supreme Court on the main aspect before the case, it raises questions on the manner in which the change of law has been achieved without reference of the question to a larger Bench. The presentation also argues that the position on the law as regards incorporation in general is not satisfactory and requires detailed consideration by a larger Bench.

Incorporation of Arbitration Clause by Reference: Inox Wind v Thermocables (SCI: 05.01.2018) from Badrinath Srinivasan

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0 New Delhi International Arbitration Centre Bill, 2018 /slideshow/new-delhi-international-arbitration-centre-bill-2018/85780868 ndiacbill2018-180106013241
The Central Government has introduced an important Bill in the Indian Parliament on establishment of the New Delhi International Arbitration Centre. The Bill, if enacted, has the potential to change the face of arbitration in India. This presentation provides an overview of the said Bill.]]>
The Central Government has introduced an important Bill in the Indian Parliament on establishment of the New Delhi International Arbitration Centre. The Bill, if enacted, has the potential to change the face of arbitration in India. This presentation provides an overview of the said Bill.]]> Sat, 06 Jan 2018 01:32:41 GMT /slideshow/new-delhi-international-arbitration-centre-bill-2018/85780868 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) New Delhi International Arbitration Centre Bill, 2018 BadrinathSrinivasan4 The Central Government has introduced an important Bill in the Indian Parliament on establishment of the New Delhi International Arbitration Centre. The Bill, if enacted, has the potential to change the face of arbitration in India. This presentation provides an overview of the said Bill. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/ndiacbill2018-180106013241-thumbnail.jpg?width=120&height=120&fit=bounds" /> The Central Government has introduced an important Bill in the Indian Parliament on establishment of the New Delhi International Arbitration Centre. The Bill, if enacted, has the potential to change the face of arbitration in India. This presentation provides an overview of the said Bill.

New Delhi International Arbitration Centre Bill, 2018 from Badrinath Srinivasan

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0 Arbitration between Nissan & Government of India /BadrinathSrinivasan4/arbitration-between-nissan-government-of-india nissan-indiadispute-180103105702
The presentation discusses the Investor-state Dispute between Nissan and the Government of India on the failure to provide Investment based Subsidies]]>
The presentation discusses the Investor-state Dispute between Nissan and the Government of India on the failure to provide Investment based Subsidies]]> Wed, 03 Jan 2018 10:57:02 GMT /BadrinathSrinivasan4/arbitration-between-nissan-government-of-india BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Arbitration between Nissan & Government of India BadrinathSrinivasan4 The presentation discusses the Investor-state Dispute between Nissan and the Government of India on the failure to provide Investment based Subsidies <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/nissan-indiadispute-180103105702-thumbnail.jpg?width=120&height=120&fit=bounds" /> The presentation discusses the Investor-state Dispute between Nissan and the Government of India on the failure to provide Investment based Subsidies

Arbitration between Nissan & Government of India from Badrinath Srinivasan

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0 SIAC's proposal on cross institutional consolidation of arbitration proceedings /slideshow/siacs-proposal-on-cross-institutional-consolidation-of-arbitration-proceedings/85232610 siacproposaloncross-institutionalconsolidation-171229004312
The presentation discusses in depth the recent proposal of the Singapore International Arbitration Centre on cross-institutional consolidation of arbitral proceedings. It also discusses how the international arbitration has reacted in the first week since the proposal was published. ]]>
The presentation discusses in depth the recent proposal of the Singapore International Arbitration Centre on cross-institutional consolidation of arbitral proceedings. It also discusses how the international arbitration has reacted in the first week since the proposal was published. ]]> Fri, 29 Dec 2017 00:43:12 GMT /slideshow/siacs-proposal-on-cross-institutional-consolidation-of-arbitration-proceedings/85232610 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) SIAC's proposal on cross institutional consolidation of arbitration proceedings BadrinathSrinivasan4 The presentation discusses in depth the recent proposal of the Singapore International Arbitration Centre on cross-institutional consolidation of arbitral proceedings. It also discusses how the international arbitration has reacted in the first week since the proposal was published. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/siacproposaloncross-institutionalconsolidation-171229004312-thumbnail.jpg?width=120&height=120&fit=bounds" /> The presentation discusses in depth the recent proposal of the Singapore International Arbitration Centre on cross-institutional consolidation of arbitral proceedings. It also discusses how the international arbitration has reacted in the first week since the proposal was published.

SIAC's proposal on cross institutional consolidation of arbitration proceedings from Badrinath Srinivasan

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0 Cost Allocation under the Amended Indian Arbitration Law: A Critique /slideshow/cost-allocation-under-the-amended-indian-arbitration-law-a-critique/76142164 costsiitarbf-170520010841
Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law on the subject. Based on the said Report, Section 31(8) stood replaced by a new provision on costs in the form of Section 31A. This paper examines if the new regime on costs allocation is satisfactory, especially in the light of objectives of the recent amendments. The paper specifically focuses on whether arbitral tribunal and courts award costs in the arbitral proceedings or in arbitration related court proceedings respectively in consonance with the objectives of the latest amendments to the Act. ]]>
Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law on the subject. Based on the said Report, Section 31(8) stood replaced by a new provision on costs in the form of Section 31A. This paper examines if the new regime on costs allocation is satisfactory, especially in the light of objectives of the recent amendments. The paper specifically focuses on whether arbitral tribunal and courts award costs in the arbitral proceedings or in arbitration related court proceedings respectively in consonance with the objectives of the latest amendments to the Act. ]]> Sat, 20 May 2017 01:08:41 GMT /slideshow/cost-allocation-under-the-amended-indian-arbitration-law-a-critique/76142164 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) Cost Allocation under the Amended Indian Arbitration Law: A Critique BadrinathSrinivasan4 Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law on the subject. Based on the said Report, Section 31(8) stood replaced by a new provision on costs in the form of Section 31A. This paper examines if the new regime on costs allocation is satisfactory, especially in the light of objectives of the recent amendments. The paper specifically focuses on whether arbitral tribunal and courts award costs in the arbitral proceedings or in arbitration related court proceedings respectively in consonance with the objectives of the latest amendments to the Act. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/costsiitarbf-170520010841-thumbnail.jpg?width=120&height=120&fit=bounds" /> Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law on the subject. Based on the said Report, Section 31(8) stood replaced by a new provision on costs in the form of Section 31A. This paper examines if the new regime on costs allocation is satisfactory, especially in the light of objectives of the recent amendments. The paper specifically focuses on whether arbitral tribunal and courts award costs in the arbitral proceedings or in arbitration related court proceedings respectively in consonance with the objectives of the latest amendments to the Act.

Cost Allocation under the Amended Indian Arbitration Law: A Critique from Badrinath Srinivasan

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0 LL.M. in India: A Critical Review /slideshow/llm-in-india-a-critical-review/73841930 llmacriticalreview-170329060220
Presented in the National Conference on Contemporary Legal Education in Salem, Tamil Nadu on 17th & 18th September, 2016.]]>
Presented in the National Conference on Contemporary Legal Education in Salem, Tamil Nadu on 17th & 18th September, 2016.]]> Wed, 29 Mar 2017 06:02:20 GMT /slideshow/llm-in-india-a-critical-review/73841930 BadrinathSrinivasan4@slideshare.net(BadrinathSrinivasan4) LL.M. in India: A Critical Review BadrinathSrinivasan4 Presented in the National Conference on Contemporary Legal Education in Salem, Tamil Nadu on 17th & 18th September, 2016. <img style="border:1px solid #C3E6D8;float:right;" alt="" src="https://cdn.slidesharecdn.com/ss_thumbnails/llmacriticalreview-170329060220-thumbnail.jpg?width=120&height=120&fit=bounds" /> Presented in the National Conference on Contemporary Legal Education in Salem, Tamil Nadu on 17th & 18th September, 2016.

LL.M. in India: A Critical Review from Badrinath Srinivasan

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0 https://cdn.slidesharecdn.com/profile-photo-BadrinathSrinivasan4-48x48.jpg?cb=1692802148 http://practicalacademic.blogspot.in/ https://cdn.slidesharecdn.com/ss_thumbnails/hardship-200715153634-thumbnail.jpg?width=320&height=320&fit=bounds slideshow/hardship-as-a-defence-against-specific-performance-the-case-of-covid-19/236934090 Hardship as a Defence ... https://cdn.slidesharecdn.com/ss_thumbnails/constrcontractscovid19-200626150331-thumbnail.jpg?width=320&height=320&fit=bounds slideshow/indian-construction-contracts-covid19-way-forward/236258288 Indian Construction Co... https://cdn.slidesharecdn.com/ss_thumbnails/190522mediationlegislation-190629190558-thumbnail.jpg?width=320&height=320&fit=bounds slideshow/mediation-in-india-need-for-a-legislation/152667240 Mediation in India: Ne...