Power Of Intent: Why A Designated ‘Venue’ Was Also Ruled As The ‘Seat’ Of Arbitration
– Dhruv Wadhwa, Partner, AWM Legal Introduction In a recent ruling, the Hon’ble Allahabad High Court (Lucknow Bench), delivered a significant judgment in the matter titled “Devi Prasad Mishra v. M/s Nayara Energy Limited (earlier Essar Oil Limited) [CIVIL MISC. ARBITRATION APPLICATION No. 2 of 2024]”, providing crucial clarity on the distinction between the ‘seat’ […]
Civil and Criminal Cases Can Run Side-by-Side: Supreme Court Makes a Crucial Clarification
In a legal landscape often perceived as a maze of complex rules, a common and persistent myth is that if a dispute is being heard in a civil court, a parallel criminal case is automatically barred. This belief, while widespread, is fundamentally incorrect. The Supreme Court of India recently delivered a powerful clarification on this […]
The Judgment That Could Change Every Employment Contract
The Supreme Court’s recent decision in Vijaya Bank & Anr. v. Prashant B Narnaware (2025 INSC 691) has reignited a crucial debate about the delicate balance between institutional interests and individual autonomy in India’s employment landscape. While the Hon’ble Court’s reasoning reflects legitimate concerns about public sector efficiency, the judgment raises profound questions about personal […]
Post-Award Interest Mandatory Under The Arbitration Act: Delhi High Court Reaffirms Statutory Entitlement
Introduction In a significant Judgment passed by the Hon’ble High Court of Delhi in the matter of Union of India & Anr. v. Sudhir Tyagi [CM(M) No. 4025/2024 – 2025:DHC:2621], decided on April 17, 2025 a crucial legal position regarding post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) has […]
From Likes to Lawsuits: The Evolving Legal Landscape of Influencer Marketing
Introduction Over the past decade, influencer marketing has exploded from a niche tactic to a cornerstone of digital strategy. Brands have eagerly embraced the power of influencers to connect authentically with audiences, drive engagement, and shape consumer behavior. However, as the influencer economy has matured and its impact has grown, the legal system has taken […]
The Complainant Does Not Bear the Initial Burden of Proving their Financial Capacity Under Section 138 Complaints Under Negotiable Instruments Act, 1881
Introduction The Hon’ble Supreme Court of India in Ashok Singh vs State of Uttar Pradesh and anr. Bearing Criminal Appeal No. 4171 of 2024 has armoured the well-settled position in law that the Complainant does not bear the initial burden of proving their financial capacity when filing cases under Section 138 of the Negotiable Instruments […]
Balancing Contractual Autonomy and Judicial Discretion: A Critical Analysis of Exclusive Jurisdiction Clauses
I. Introduction When drafting dispute resolution provisions in commercial agreements, contracting parties must evaluate the most effective and economical forums for adjudicating potential disputes. A key consideration is the extent of autonomy parties may exercise in designating an appropriate judicial forum. To mitigate procedural inefficiencies of litigation in suboptimal jurisdictions, parties often stipulate mutual consent […]
Settling The Dilemma: Determining Jurisdiction When Arbitration Agreements Are Silent On Seat Or Venue
Introduction The Hon’ble Delhi High Court, in its recent Judgment in ‘Faith Constructions v. N.W.G.E.L Church [Arb. P. No. 1318/2024 – 2025:DHC:1806]’, has provided important an unambiguous clarity on the contentious issue of determining the appropriate jurisdictional Court for arbitration-related matters where the Arbitration Agreement remains silent regarding the ‘seat’, ‘venue’ or, ‘place’ of Arbitration. […]
Navigating the YouTube Monopoly: Empowering Indian Content Creators in a Changing Digital Landscape
Introduction In the rapidly evolving world of digital media, YouTube has emerged as the dominant force in video-sharing platforms. With over 2 billion monthly active users globally and a vast library of user-generated content, YouTube’s influence on the creator economy cannot be overstated. This dominance, however, has given rise to significant challenges for content creators, […]
The Rise of Influencer Marketing in India: Navigating the Evolving Legal Landscape
Introduction Popularity of influencer marketing has exploded in recent years, with brands increasingly partnering with social media personalities to promote their products and services. In India, the influencer marketing industry was valued at ₹55 Billion in the year 2024, a whopping 20 % increase over the previous year. The market is further expected to expand […]