Author: ADVOCATE SARIKA VERMA

Introduction In the world of business contracts, arbitration is often the go-to method for resolving disputes. Rather than dragging a matter through the courts, many companies prefer to settle their differences through arbitration, a more efficient and private process. But here’s where things can get tricky: What if your contract doesn’t have an arbitration clause directly, but refers to another document that does? Does that mean arbitration automatically applies? According to Section 7(5) of the Arbitration and Conciliation Act, 1996, the reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is…

Judicial Review The doctrine of “Judicial Review” traces its origin to the United States, where it was firmly established in the landmark case of Marbury v. Madison (1803). In this case, Chief Justice John Marshall of the U.S. Supreme Court articulated, for the first time, the judiciary’s authority to review and strike down laws that conflict with the Constitution — a principle that has since become a cornerstone of constitutional governance. In essence, “Judicial Review” refers to the power of the judiciary to examine the constitutionality of laws passed by the legislature and actions taken by the executive, whether at…