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 tribunals accord much greater worth to contemporaneous documents rather than oral testimony. The principal documents, such as the contract in … Continue reading Document Disclosure/Discovery in International Commercial Arbitration – 15 things you should remember…..
The Art of Cross Examination in Commercial Arbitration “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 testing fires of a psychologically exhausting interrogation, the witness finally gives up his defence, throws his hands up in despair, … Continue reading The Art of Cross Examination in Commercial Arbitration – the 20 things you must know…
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 such a situation, the question that arises is : Whether the taint attaches to the entire contract (and the entire … Continue reading To sever or not to sever! Understanding the ‘Blue-Pencil Rule’ of Severability under Contract Law.
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 reason that the plaintiff/applicants could not bring a prima facie - insofar as there was no apprehension objectively determinable that … Continue reading Injunction against Partners from competing