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Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

The determination of the law applicable to limitation is a complex exercise. The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

Laws 98
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Title: How to Sue Flipkart/Amazon: Legal Remedies for Defective Products and Poor Service

LexForti

Contacting the E-Commerce Platform Before taking any legal action, you must first try to resolve the issue by contacting the seller or the e-commerce platform. Drafting the complaint: You need to draft a complaint specifying the facts necessary to establish your cause of action. It does not provide specific legal advice.

Legal 52
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A Critique On The Territorial Jurisdiction Of Courts In India

LexForti

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

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Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

Maitreyi Choalla, a student of Gujarat National Law University explains the nuances of Amendment of Pleadings under Order VI, Rule 17 of Civil Procedure Code, 1908. In most cases, a country’s judicial system is designed to uphold the rule of law. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Even as successful cases against governments have blossomed, private suits face significant barriers.

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UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

Conflict of Laws

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.