INTRODUCTION Most Arbitrations are fact intensive and a majority of cases turn on facts which are often disputed. Therefore, the importance of fact-finding in an arbitration can hardly be emphasised enough. In this endeavour, modern […]
Category: Mercantile Law
The Art of Cross Examination in Commercial Arbitration – the 20 things you must know…
The Art of Cross Examination in Commercial Arbitration[1] “The best questions in a cross examination are – the questions never asked ” We’ve all grown up watching Perry Mason style cross examinations where, under the […]
To sever or not to sever! Understanding the ‘Blue-Pencil Rule’ of Severability under Contract Law.
Many a times parties to a contract find, much to their dismay, that, while their contract is broadly good and enforceable, some parts of their contracts are not legal and valid and, therefore, unenforceable. In […]
Injunction against Partners from competing
Comment : This pronouncement concerns a case where a partnership firm sought to injuct it’s ertwhile(retired) partners from carrying on competing business in contravention of Retirement Deed. The Court did not grant the relief for the […]