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…

Limitations on Arbitral Procedure

Payal Chawla It is common knowledge that an arbitral tribunal is not bound by the Indian Evidence Act, 1872 and the Code of Civil Procedure, 1908. This is enshrined in s.19(1) of the Arbitration and Conciliation Act, 1996 (ACA). S.19(1) has sometimes been misunderstood as to its scope and whether the Code and the Evidence…