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Civil

LEX CONTRACTUS V. SUBSTANTIVE LAW OF SEAT: SETTLING THE CONUNDRUM OF DETERMINING LAW GOVERNING ARBITRATION AGREEMENT

The law governing arbitration agreement (“governing law”) is vital as it ascertain the validity, existence and interpretation of arbitration agreement. However, the parties rarely make an express choice in respect of governing law. Thereby, it is for the arbitral tribunal to determine whether the governing law should follow the law of matrix contract (“lex contractus”)…

LEGALITY OF CONTRACTS WHEN NOT REGISTERED

Question If an agreement that needs to be stamped and registered in law is not even executed, can a party rely on e-mail exchange of draft of such agreement to prove the intention of the transaction? Introduction Under the provisions of the Information Technology Act, 2000 particularly Section 10-A, an electronic contract is valid and…