Necrophilia

Introduction The bizarre act of Necrophilia refers to the sexual urge and attraction to a corpse, which has little or no acknowledgment in most countries. It is a heinous crime in which the criminal derives sexual pleasure from having sex with a dead body. Necrophilia is frequently seen to be committed by spurned or rejected … More Necrophilia

International Commercial Arbitration

We can divide arbitration into two types – (i) Domestic Arbitration and (i) International Arbitration. The distinction between the two is so significant that UNCITRAL Model Law is specifically created for international commercial arbitration. Though the expression domestic arbitration is not used in the Arbitration and Conciliation Act, it means an arbitration proceeding arising out … More International Commercial Arbitration

Law Governing Enforcement of Foreign Arbitral Award

Domestic award Often awards arising out of international arbitration proceedings are actually enforced under the regime of domestic awards. Though each state is generally free to determine which awards it considers to be domestic, the relevant criterion is normally the place of arbitration. As a consequence, recognition and enforcement of awards rendered within a country … More Law Governing Enforcement of Foreign Arbitral Award

Decoding entrepreneurial jargons used in Shark Tank India

Shark Tank is a business reality TV show that started in the United States in 2009. The show has come up with an Indian version and it has become the ‘talk of the town’ in every conversation, especially among the youth. For those unfamiliar with the show’s premise, Shark Tank allows prospective entrepreneurs to pitch … More Decoding entrepreneurial jargons used in Shark Tank India

Pink Tax

Introduction The increased cost of products specifically created and marketed for women is referred to as gender-based pricing, sometimes known as ‘pink tax’. The word essentially refers to gender-based pricing discrimination in which women are frequently required to pay more than males for the same items and services, which are only distinguishable by the color … More Pink Tax

Ponzi Schemes

Introduction A Ponzi scheme is a fraudulent investment designed to defraud investors. It entails enticing the general public to invest in dubious yet lucrative schemes. With almost little real income, they rely on a steady stream of new money to stay afloat. The scheme collapses when there are no new investors or when existing investors … More Ponzi Schemes

Right to Health: Article 21 of the Indian Constitution

Introduction The right to health has not been mentioned as an exclusive Fundamental Right under the Indian Constitution but has been incorporated as part of Article 21 (Protection of Life and Personal Liberty). The right to life includes the right to live a decent life, from which the right to health can be deduced.  The … More Right to Health: Article 21 of the Indian Constitution

Interim measures in International Arbitration

Introduction Interim or conservatory measures are also referred to as provisional measures and the same are extremely important in international arbitration and international litigation. The relief sought by means of the request of an interim measure is usually to protect the rights or interests of the alleged innocent parties. Since there may be a gap … More Interim measures in International Arbitration

FinTech

Introduction FinTech, a combination of two words – “finance” and “technology”, is a relatively new and frequently imprecise phrase that refers to any developing technology that allows consumers or financial institutions to deliver financial services in newer, faster ways than previously possible. Consider the difference between strolling into a bank and being able to check … More FinTech

Conciliation: Part-III

Procedure of Conciliation Commencement of conciliation proceedings (Section 62) – The conciliation proceedings are initiated by one party sending a written invitation to the other party to conciliate. The invitation should identify the subject of the dispute. Conciliation proceedings are commenced when the other party accepts the invitation to conciliate in writing. If the party … More Conciliation: Part-III

Conciliation: Part-II

Conciliation under the Arbitration and Conciliation Act, 1996 Application and Scope of the Act Part III of the Arbitration and Conciliation Act, 1996 applies to the following [Sec. 61(1)]: conciliations arising out of contractual disputes, conciliations arising out of other legal disputes. Part III of the Arbitration and Conciliation Act. 1996 shall not apply to … More Conciliation: Part-II

Conciliation: Part-I

Background of Law of Conciliation in India The UNCITRAL Model Law on International Commercial Conciliation defines “conciliation” means a process, whether referred to by the expression conciliation, mediation, or an expression of similar import, whereby parties request a third person or persons “the conciliator” to assist them in their attempt to reach an amicable settlement … More Conciliation: Part-I

Euthanasia

It hath been often said, that it is not death, but dying, which is terrible. – Henry Fielding Introduction Euthanasia is the practice or act of putting to death a person who is suffering from a terrible and incurable sickness in order to relieve their suffering. Euthanasia is also termed “mercy killing”. Euthanasia can be … More Euthanasia

Employee Stock Ownership Plan (ESOP)

Introduction An ESOP (Employee Stock Ownership Plan) is a type of employee benefit plan that gives employees a share of the company’s ownership. Employee stock ownership schemes come in the form of direct shares, profit-sharing plans, or incentives, and the employer has ultimate control over who is eligible to participate. Employee stock ownership plans, on … More Employee Stock Ownership Plan (ESOP)

Hemp Industry in India

Any industry’s ability to commercialize and scale depends on government policies, as well as the stakeholders of that industry. The Hemp industry in India has progressed from a nascent to a revolutionizing industry, with the increased awareness and acceptance of hemp products in recent years. On November 15, 2021, the Food Safety and Standards Authority … More Hemp Industry in India

Illegal & Unlawful Agreements and their effects

Unlawful agreements: Section 23 of the Contract Act lays down a plethora of circumstances wherein the object or consideration of an agreement is unlawful. An agreement hit by Section 23 is void ab initio and thereby in no circumstances enforceable. Illegal agreements: Illegal agreements are those agreements that are: (i) void, and (ii) punishable by … More Illegal & Unlawful Agreements and their effects

Gender bias (inequality) in Surrogacy

It is known to all of us that control over female sexuality and reproduction has historically reinforced women’s second-class position in society. Surrogate motherhood perpetuates a long tradition of the use of women’s bodies by others and reinforces stereotypes about women’s role in the division of labor. Although some economists have argued that surrogacy allows … More Gender bias (inequality) in Surrogacy

ECOFEMINISM

Gender clearly has a part in environmental degradation and the health of our natural resources: as to who is affected, who can do what, and how we can move forward. The UN Environment Program expresses itself concisely, stating: “As a result of existing inequities, environmental conditions have a variety of effects on the lives of … More ECOFEMINISM