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Adv. Kunal Dalal speaking at a legal research session
Highlighted blog · Analysis

From Litigation to Corporate Law: How Research Changed My Career

When I started my legal career, my focus was litigation. I enjoyed the practical side of law. I was comfortable with drafting, understanding cases, preparing arguments, reading judgments and dealing with legal issues. Over time, I became confident in my litigation skills and in the kind of work I was doing.

Kunal Dalal
6 min read
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Corporate & Commercial

The Role of Online Dispute Resolution (ODR) in Indian Legal Framework: Analyzing the Impact of the Arbitration and Conciliation (Amendment) Act, 2021

The future of justice consists in abandoning the traditional, location-based courtrooms in which the dispute resolution activity takes place, and adopting a service-oriented consideration of justice, where it is argued to be a dependable, accessible, and result-oriented service. This move is based on increasing leeway for technology in crafting the settlement of disputes, at the instance of which the example is the rise of ODR or Online Dispute Resolution. ODR, first initiated in response to the increase in Internet transactions during the 1990s, has developed from the simple tools based on communication through e-mails and video conferencing into integrated systems using advanced services of algorithms and machine learning to support dispute resolution. On a global level, ODR initiatives have helped redefine the dispute resolution landscape in a manner from which valuable insights can be drawn by jurisdictions. Development of ODR goes side by side with the changes by the justice systems toward the case where the delivery of justice can be more equitable, inclusive, and take into account the needs of the digital world. The future of justice will rest on its capability to adapt to such technological developments, with a manner of transformation from a location-based service to one geared towards effective and fair outcomes for all.

12 min
  • ODR
  • Arbitration
  • Amendment Act 2021
Technology & Data

Cyber Security Challenges in the age of AI and IoT : Risks and Mitigation Strategies

This research paper dives into the cybersecurity challenges faced by the recent developments of Internet of Things (IoT) devices in various areas. It examines the hardships and vulnerabilities related to IoT deployments, including insecure communication protocols, weak authentication mechanisms, and lack of timely software updates. The paper also summarizes the active and potential repercussions of IoT security violations and proposes solutions to prevent these challenges and improve the overall security posture of IoT ecosystems. Moreover, promoting interdisciplinary cooperation and investing in technology-related education and training is vital for building a skilled environment equipped to navigate the evolving threat landscape. By balancing theoretical insights with practical fields, this paper concludes the key opportunities and challenges in securing and theorizing AI-driven systems1, offering suggestions to policymakers, researchers, practitioners, etc. Key Words: cybersecurity, technology, authentication, IoT, AI.

18 min
  • Cyber Security
  • IoT
  • Artificial Intelligence
Corporate & Commercial

Clickwrap Agreements and International Commercial Arbitration: Rethinking Contract Enforcement in the Digital Era

India’s Arbitration and Conciliation Act, 1996 (the 1996 Act)1 is structured into four parts. Part I governs arbitrations seated in India, while Part II deals with the enforcement of awards passed in foreign-seated ICAs. When the award debtor in a foreign-seated arbitration is an Indian entity, the foreign party must adhere to the procedures and rules outlined in Part II of the 1996 Act. Parties often opt for institutional arbitrations such as those administered by the Singapore International Arbitration Centre (SIAC), London Court of International Arbitration (LCIA), or International Chamber of Commerce (ICC). This choice is typically made to resolve commercial disputes through a neutral third party when parties hail from different jurisdictions, thereby mitigating the risk of bias that might exist in national courts. Institutional arbitrations offer convenience and certainty, providing their own established rules, procedures, panels of arbitrators, and expert facilities for efficient dispute resolution. Ultimately, the future of arbitration in India depends on maintaining a principled balance: courts must act as gatekeepers of fairness without transgressing into the substantive domain reserved for arbitral tribunals. While judicial intervention is indispensable to preserve access to justice and check abuse of process, its exercise must remain confined to the statutory contours envisioned under the Act. A faithful adherence to these principles will not only boost confidence in the arbitral process but also elevate India’s standing as a pro-arbitration jurisdiction in line with global best practices. Even the judicial interpretation of clickwrap agreements, such as Capgemini Business Services (India) Ltd. v. CIT or Feldman v. Google, Inc., has suggested that clear notice of use and true assent from the user can prevent enforcement. Some of the possible ways to mitigate issues in clickwrap agreements come with clearer terms, enhanced transparency of provisions in the ability to review and assess the terms, a better understanding of eligibility verification through Aadhar, and, in more remote contexts, a blockchain approach to agility in accessing agreements as permanent records. Addressing clarity of terms, accessibility of agreements, and collection and use of data, clickwrap agreements can become a predominant form of e-contract, singularly representing service delivery needs of both the users and the digital commerce service providers, in not only India but on an international stage.

18 min
  • Clickwrap
  • International Arbitration
  • Contract Enforcement
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Illustrated cover for The Doctrine of Res Judicata under Section 11 CPC: Finality of Litigation and Its Limits
Blog

The Doctrine of Res Judicata under Section 11 CPC: Finality of Litigation and Its Limits

Courts exist to resolve disputes, not to keep them alive indefinitely. Section 11 of the Code of Civil Procedure, 1908 (CPC), embodies this principle through the doctrine of res judicata, which prevents parties from reopening matters that have already been finally decided by a competent court. The doctrine protects litigants from repeated proceedings, preserves judicial resources, and gives authority to judicial decisions. However, applying res judicata requires more than establishing that two cases concern similar facts. The nature of the earlier decision, the identity of the parties, the issues adjudicated, and the competence of the court must all be examined. The eight Explanations appended to Section 11 clarify the scope of the doctrine and address situations in which a matter may be treated as already decided, even when it was not expressly determined in the earlier proceedings.

Pari Badaya & Sameer Pradhan 8 min
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Illustrated cover for Organisational Psychology in India and Its Connection with Labour Laws
Blog

The History of Organisational Psychology in India and Its Connection with Labour Laws

Organisational psychology examines how people behave within organisations, how management influences their performance, and how workplace relationships affect decisionmaking. In India, its development can be understood alongside the country's industrial history, from colonial-era factories to modern corporate workplaces. Although organisational psychology emerged as a distinct discipline largely through Western research, the questions it addresses became increasingly relevant in India as industrial employment expanded and concerns about working conditions, worker representation, and managerial authority grew. The history of Indian labour legislation provides a useful timeline for understanding how the relationship between organisations and the people working within them has changed. From Industrial Control to Human Behaviour 1881–1947: Colonial industrialisation and factory regulation The expansion of factories, railways, mines, and plantations under British rule created a growing need to organise industrial labour. Early management practices emphasised discipline, productivity, and supervision, while workers faced concerns about working hours, safety, and welfare. The Factories Act, 1881, marked an early attempt to regulate factory employment in India. It was followed by further legislation, including the Factories Act, 1948, which developed a broader framework for factory health, safety, and welfare.

Pari Badaya & Sameer Pradhan 4 min
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Illustrated cover for Is a Company a Citizen or a National? Understanding the Position Under Indian Law
Blog

Is a Company a Citizen or a National? Understanding the Position Under Indian Law

Can a company incorporated in India claim the same constitutional status as an Indian citizen? At first glance, the answer might appear obvious. A company may be established under Indian law, conduct business within the country, employ Indian citizens, and contribute significantly to the national economy. Yet, despite its distinct legal identity, a company does not enjoy every right available to an individual. This distinction came into sharp focus before the Supreme Court of India in State Trading Corporation of India Ltd. v. Commercial Tax Officer, AIR 1963 SC 1811, a landmark judgment that clarified the constitutional position of companies and established an important distinction between legal personality, citizenship, and corporate nationality.

Pari Badaya & Sameer Pradhan 3 min
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From Litigation to Corporate Law: How Research Changed My Career
Analysis

From Litigation to Corporate Law: How Research Changed My Career

When I started my legal career, my focus was litigation. I enjoyed the practical side of law. I was comfortable with drafting, understanding cases, preparing arguments, reading judgments and dealing with legal issues. Over time, I became confident in my litigation skills and in the kind of work I was doing.

Kunal Dalal 6 min
Read more →
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