Common Law

The Parties to the Contract may consider incorporating the following Arbitration Clause, in their Invoices / Purchase Orders / MoUs / any other Agreements / Contracts   Draft Arbitration Clause   Disputes or differences that may arise between the parties, arising under this transaction/ Contract, shall be resolved through the means of Arbitration, at “(Place / Mumbai”).   The Arbitration Clause may further provide for the following:   1.      The Arbitration shall be by Sole Arbitrator / by Arbitral Tribunal consisting of three Members. Each party shall appoint One Arbitrator and thereafter, these two Arbitrators shall appoint the third Arbitrator.   2.      The Arbitration shall be done by “Name of the Arbitral Institution”.   3.      Notice: All communication / correspondence / Notices shall be sent through Email. Any of the party, in addition to Email, may also communicate through Whatsa...

    1.       Recently, I have come across a Case of my Cousin, where Landlord has filed a Section 8 Application under Maharashtra Rent Control Act, 1999, calling upon the Court to fix Standard Rent (essentially seeking huge increase in Rent), on the grounds that Suit premises is situate in prime commercial area and Rent has increased phenomenally in the immediate vicinity of Suit premises. 2.      And  I am told that Landlord is filing many such Applications against his tenants, and the  Small Causes Courts are entertaining such Applications, and are happily granting Reliefs to the Landlords; and Tenants are compelled to pay sky rocketing increased Rent, and that too, under the umbrella of Rent Control Legislation.   3.      And therefore, I dwelled upon the Maharashtra Rent Control Act, 1999, and looked thru the history of Rent Control Legislations in India, and in particularly, the history of...