IBC Insights May 2025 – Monthly Newsletter for Insolvency Matters
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Read More ››Introduction The foundation of any contract, particularly those involving public resources, rests on the mutually agreed-upon allocation of risk. A fundamental scenario arises when government contracts contain prohibitory clauses, which explicitly bar claims for specific liabilities like idle labour/machinery or business loss. These clauses are not merely boilerplate; they represent a deliberate, negotiated boundary defining the parties’ financial exposure. Yet, […]
Read More ››This article examines how courts have interpreted Section 36(3) in light of Section 18 in the context of government authorities, exploring whether they are legally obligated to provide security on a challenge to set aside an arbitral award under Section 34, analysing the provisions of Code of Civil Procedure,1908 (the “CPC”) rationale behind such requirements, and the broader implications for […]
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