HomeStrengthening Legal Provisions for The Enforcement of Contracts: Reassessing The Quality and Efficiency of Dispute Resolution of CommerciaL Matters in India

About the courses/programs

India ranked 142nd in 2015 Ease of doing business rankings published on 29 October 2014 by the World Bank. Since then it has jumped 65 places to reach its current 77th position in 2019 rankings, published on 31 October 2018. One of the factors considered to calculate the rankings is the contract enforcement indicator. However on this indicator the country has not been able to register that good a performance. In 2015 ranking India was 186th among 189 countries. In the 2019 rankings by the World Bank, India ranked 163rd among 190 countries in relation to contract enforcement in its ease of doing business report of 2018.

To remedy this dire situation the Parliament of India enacted the Specific Relief (Amendment) Act, 2018. The amendment brought radical changes in the area of contract enforcement. Most important were limiting the discretion of the court in granting the remedy of specific performance and injunctions in disputes related to infrastructures and introducing the right to substituted performance. However, more such radical adjustments are required to be made in the future to improve the contracting environment of India.

wooden gavel and books on wooden table,on brown background
http://nlspub.ac.in/wp-content/uploads/2019/05/law-580x440.jpg

In India several legislations deal with various aspects of contractual enforcement viz. The Indian Contract Act, 1872; The Specific Relief Act, 1963; The Sales of Goods Act, 1930; The Arbitration and Conciliation Act, 1996; The Commercial Courts Act, 2015; and, The Competition Act, 2002; The Code of Civil Procedure, 1908. In the Seminar the various issues related to strengthening and simplifying the provisions related to contractual enforcement will be deliberated upon.

The National Seminar is in pursuance of the Project undertaken by CEERA under the Ministry of Law and Justice, Department of Justice, Government of India, titled “Strengthening Legal Provisions for the Enforcement of Contracts: Reassessing the Quality and Efficiency of Dispute Resolution of Commercial Matters in India”. The Project is an effort to explore possible avenues of reformation in the Contractual and Commercial Law to uplift the dire situation of contractual enforcement in India. The Project will undertake a thorough survey and analysis of laws dealing with contractual enforcement in India through the review of various legislations, case laws, comparative legal research, and will also conduct empirical research by organizing seminars, surveys, interviews with the experts on the field.

The Seminar will invite presentations and papers on the following themes:

1. Performance of Contractual Obligations Law and Practice:

a. Effectiveness of the remedy of Substituted Performance under Specific Relief (Amendment) Act, 2018. Enforceability of ‘Risk and Cost purchase’ clause

b. Specific Performance: Rule rather than exception.

c. Substantial Performance: Effective defence. e.g.: in Construction contracts.

2. Remedies and Relief:

a. Penalty Clauses and Penalty Damages

b. Indirect loss/Damages: Whether loss of profit can be claimed?

c. Whether Interest on damages can be claimed?

d. Exemplary Damages e. Temporary Relief Measures: Ad Interim Injunctions f. “Reliance Loss” Consequential Damages g. Formula for calculation of Damages

3. Contractual Enforcement

a. Enforcing Indemnity v Damages

b. Non-Disclosure Agreements: Testing its enforceability in Commercial Contracts

c. Breach of IP Licensing agreements: Relief and remedies

d. Liquidated damages and Force majeure clause

4. Commercial Dispute Resolution

a. Interpretation and Construction of Contracts

b. Alternate Dispute Resolution in commercial Disputes

c. Commercial Court Act

Who may attend the seminar ?

  • Lawyers, Academicians and Law Students
  • Industry Professionals, including Contract Managers
  • Representatives from Companies and other Institutions
  • Representatives of Governing and Regulatory Bodies

Important dates :

  •  Abstract Submission: 5th August, 2019
  • Communication for Acceptance of Abstract: 7th August, 2019
  • Submission of Full-Length Papers: 19th August 2019
  • Date of Seminar: 21st and 22nd August, 2019.

Submissions - Details and Guidelines:

  • Abstracts of not more than 500 words, for original research papers on the above-mentioned themes are invited, submitted as Word documents, with a covering letter containing the name and designation of the author(s).
  • There can be maximum only two Authors for each Abstract/Paper.
  • Authors of shortlisted abstracts shall be required to send their full-length papers who would have the privilege of presenting their paper at this seminar.
  • The full-length research papers in case of short articles should be 3500 – 5000 words (inclusive of foot notes), and around 8000 words (inclusive of foot notes) in case of long
    articles.
  • Potential contributors are required to adhere to a uniform mode of citation (20th edition of The Bluebook: A Uniform System of Citation is recommended).
  • All Abstracts to be sent via e-mail to Mr Vikas Gahlot at vikasgahlot@nls.ac.in on or before August 5, 2019.

After peer review, select papers/articles will be published by NLSIU at www.nlspub.ac.in in the form of an online Handbook.

Registration Fee :

INR 1500/- (Rupees One Thousand Five Hundred Only) per author/ participant. [Non- Residential]

Registration fees may be paid by DD drawn in favour of National Law School of India University and sent along with the Registration Form attached herewith or through NEFT transfer, as per the bank details given below. Once the NEFT is done, the participant(s) must send the BANK TRASNACTION ID to susheela@nls.ac.in

Last Date for Registration: 9th August 2019.

The fee covers the Registration, lunch, tea/coffee during the Breaks for the Two-Day Event.

Participants will need to make their own arrangements for boarding/lodging. Accommodation on campus is available, on first come first serve basis, and on a nominal charge, as per the University Rules. Towards booking accommodation, please write to Mr M. Gururaj on mgururaj@nls.ac.in.

REGISTRATION FORM

PART-A: Details of Participant

*UNDERTAKING THAT ABSTRACT AND FULL PAPER WILL BE DULY SENT
*REGITRATION FEES : INR 2500/- per Participant

PART-B: Send Nominations Along With Payment Details

Kindly send a scanned copy of the Registration Form and NEFT Transaction ID to Ms. Susheela at email id: susheela@nls.ac.in.

The original document of the Registration Form shall be send via courier/post to:
Ms. Susheela
CEERA, NLSIU
PO Bag 7201, National Law School of India University,
Nagarbhavi, Bengaluru 560 072

Electronic Clearing Service (Credit Clearing)/ Real Time Gross Settlement (RTGS) Facility for Receiving Payments of Registration Fees

Details of Account Holder
NAME OF ACCOUNT HOLDER DIRECTOR NLSIU SCHEMES AND PROJECTS
COMPLETE CONTACT ADDRESS NATIONAL LAW SHOOL OF INDIA UNIVERSITY, P.B.NO.7201, NAGARBHAVI BENGALURU-560072
TELEPHONE NUMBER/FAX/MAIL 23213160, 23160532, 23160533 / Fax 23160534/ registrar@nls.ac.in
PAN AAAJN0185F
Bank Account Details
BANK NAME CORPORATION BANK
BRANCH NAME WITH COMPLETE ADDRESS, TELEPHONE NUMBER AND EMAIL NLSIU BRANCH, NLSIU CAMPUS, NAGARBHAVI, BENGALURU – 560072, Ph.: 080-23218130 & 23218115, EMAIL – cb2144@corpbank.co.in
IFSC CODE/ NEFT CODE/ RTGS CODE/ BRANCH CODE CORP0002144
TYPE OF BANK ACCOUNT SAVINGS BANK
COMPLETE BANK ACCOUNT NUMBER (LATEST) 520101045115075
MICR CODE OF BANK 560017060

Strengthening Legal Provisions for The Enforcement of Contracts: Reassessing The Quality and Efficiency of Dispute Resolution of CommerciaL Matters in India

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