By Nikshetaa Jain and Tushar Chitlangia, students at National Law University Odisha
The setbacks created by COVID-19 had major ramifications across the world, and businesses were no exceptions. Due to the lockdowns, the supply chains were disrupted and as a consequence, some parties were not able to perform the contract.
Continue reading “A Continuing Tussle on Taxation Of Liquidated Damages”
Advocate Meenal Garg, Punjab & Haryana High Court
The Arbitration and Conciliation Act, 1996 (hereinafter “the Act”) empowers both the court as well as the arbitral tribunal to grant interim protection to an aggrieved party under Sec. 9 and 17 of the Act respectively. A comparison of these two provisions read along with other provisions of the Act reveals the following differences:
Continue reading “Minimal Court Intervention and Arbitrator’s Discretion to Grant Interim Orders”
Yash Tripathi, Associate at Pioneer Legal, Mumbai
In an event of default in repayment of the debt, invoking a guarantee is always the priority of the lenders. However, it should also be looked thoroughly whether a document serves as a contract of guarantee or not. In the recent decision of Yes Bank Ltd. v. Zee Entertainment Enterprises Ltd. &Ors., Bombay HC draws the line of difference between a letter of comfort (“LOC”) and a contract of guarantee.
Continue reading “Line of Difference: Letter of Comfort and Contract of Guarantee”