A clause for liquidated damages is a distinctive feature of construction Contract which entitles the employer to deduct from the amount payable to the Contractor, certain pre-estimated amount stipulated in the Contract, in the event of breach of Contract by the Contractor. Liquidated damages are governed by Section 74 of the Contract Act, 1872 [“the… Continue reading Liquidated Damages in Construction Contracts: Legal Principles and Evolving Jurisprudence
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Grounds of Challenge Under Section 34 | Arbitration
The Arbitration and Conciliation Act, 1996 [“the Act”] was enacted to provide speedy resolution of disputes to the parties with the objective of minimum judicial intervention, also enshrined in Section 5 of the Act, so as to make arbitration a more alluring alternative dispute resolution mechanism. Keeping the aforesaid objective in sight, various amendments have… Continue reading Grounds of Challenge Under Section 34 | Arbitration