If India Inc wants to globalise, it must consider franchising as a serious option

Franchising is a business model that has been effectively leveraged by the West in expansion of business, while splitting the cost and responsibility with the local franchisee. Payal Chawla Franchising is a business model that has been effectively leveraged by the West in expansion of business, while splitting the cost and responsibility with the local…

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“Saving arbitration from arbitration costs”. Is Third Party Funding the answer?

Payal Chawla and Aastha Bhardwaj Originally appeared in Bar & Bench, 19.12.2017 As arbitrations enhance in India, so will arbitration claims and their quantum. There will be a consequent rise in arbitration costs, be it legal fees, arbitrators’ fees, security on costs, and/or costs payable by the unsuccessful party. Arbitral costs can be exorbitant, and…

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The revival of the Indemnity

Payal Chawla This article was first published in Bar and Bench on 17.11.2017 In India, while the contracts of indemnity are perhaps the most negotiated clauses in a contract, they are paradoxically the least litigated. The paucity of legal precedence on this subject may be one of the reasons, despite some early pronouncements on the…

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Designation of Seat is akin to Exclusive Jurisdiction

Payal Chawla In a welcome recent decision of Indus Mobile Distribution Pvt. Ltd. v. Datawind Innovations Pvt. Ltd. [(2017) 7 SCC 678], the Hon’ble Supreme Court provided the much-needed clarity on the juridical seat in relation to domestic arbitration. Brief facts of Indus Mobile: The appellant (Indus Mobile) and respondent No. 1 (Datawind Innovations) entered into a contract whereby…

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