An Analysis of Interim Measures, Restrictive Covenants, and the Doctrine of Contractual Subsistence
Introduction Imagine a business partnership governed by a Shareholders’ Agreement (SHA). One partner decides to start a competing venture despite a non-compete clause in the SHA. The other partner fears this will cripple their joint business and seeks urgent legal protection. They approached an arbitral tribunal for an interim award under Section 17 of the Arbitration Act1 asking for an […]
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