Law Commons^™

Finding Harmony With Uncitral Model Law: Contemporary Issues In International Commercial Arbitration In India After The Arbitration And Conciliation Act Of 1996 , Sandeep S. Sood

Sandeep S. Sood, J.D.

Abstract India’s international commercial arbitration system has undergone substantial changes over the past decade with India’s sudden emergence as a global economic power. The Arbitration and Conciliation Act of 1996 was enacted in response to address extreme latency in the court system, attract foreign direct investment, and to establish India as a viable forum for international commercial arbitration. While the enactment of the 1996 Act has proven largely successful on these fronts, significant problems remain in providing interim measures of protection, enforcing and challenging arbitral awards, defining arbitral subject-matter, challenging and removing biased arbitrators. Not coincidentally, tensions remain greatest in …

Finding Harmony With Uncitral Model Law: Contemporary Issues In International Commercial Arbitration In India After The Arbitration And Conciliation Act Of 1996 , Sandeep S. Sood

Sandeep S. Sood, J.D.

India’s international commercial arbitration system has undergone substantial changes over the past decade with India’s sudden emergence as a global economic power. The Arbitration and Conciliation Act of 1996 was enacted in response to address extreme latency in the court system, attract foreign direct investment, and to establish India as a viable forum for international commercial arbitration. While the enactment of the 1996 Act has proven largely successful on these fronts, significant problems remain in providing interim measures of protection, enforcing and challenging arbitral awards, defining arbitral subject-matter, challenging and removing biased arbitrators. Not coincidentally, tensions remain greatest in areas …

No Reason To Live: Dilution Laws As Unconstitutional Restrictions On Commercial Speech, Mary Lafrance

Scholarly Works

Traditionally, trademark and unfair competition laws have protected trademark owners against unauthorized uses of their marks that are likely to confuse or mislead consumers about the origin of goods or services. If a particular use is not likely to confuse or mislead, then it is not actionable under traditional infringement regimes. When applied to commercial speech, as opposed to noncommercial expression, traditional trademark and unfair competition laws generally have survived scrutiny under the First Amendment, because these laws restrict only commercial speech that is false or misleading.

Dilution laws, however, do not restrict speech that is false or misleading. Dilution …