Legal Research & Analysis
Journal articles - Legal Research & Analysis
All articles: 64
Using AI in International Arbitration: From Predictive Analytics to Automated Awards
Scientific article
Modification International arbitration with the application of artificial intelligence (AI) does not leave all opportunities revolutionary, nor are all material challenges. The given discussion gives an overview of the growing use of AI in the fields of arbitrator selection, collection of evidence, predictive analysis, automation of legal research, and online dispute resolution. It emphasizes the way AI can be used to enhance efficiency, decrease expenses, as well as make better decisions based on advanced data analysis. Moreover, technology can enhance accessibility, include cultural sensitivity into transnational conflicts and strategically contribute to the legal environment. The application of AI in complex scenarios, however, has certain limitations caused by such factors as data shortage, regulatory risk, ethical issues, and technological limitations. Such issues are also complicated by the risk of privacy, algorithmic bias, and differences in terms of legal status of the AI-generated awards. One of the solutions is a hybrid system that would integrate the benefits of AI with the control of human beings, particularly in investment-state arbitrations and digitalization in the post-pandemic world. Nowadays, legal regulations, including the United States Federal Arbitration Act and the New York Convention, are not clear enough in the context of AI-generated awards, which is why they should be updated. In conclusion, the paper highlights the need to have a moderate integration of AI to settle the ethical concerns and utilize its potential to revolutionize international dispute resolution.
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Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1
Scientific article
The Supreme Court of India made a crucial decision in 2020 regarding defining the issue of inheritance rights of women from their father's ancestral properties under Hindu Law. It had been in controversy even before this decision was reached about whether it was possible for women to claim their inheritance from their father's ancestral properties if their father died before the Communist Uniform Succession Act was passed. The Court held that both daughter and son become coparceners at birth. It therefore shall not affect whether their father died before or after coming into operation of the Hindu Succession (Amendment) Act, 2005. It had been held by the Court that Hindu Succession (Amendment) Act, 2005 is also retrospective in nature, and daughters by birth shall share equal rights with their brothers over their inheritance from their parents' ancestral properties. This decision is of immense importance because it leaves no ambiguity about whether daughters can claim their inheritance from their fathers' ancestral properties, and it provides equal treatment under the law for every woman, which is imperative toward ensuring gender equality under Hindu Personal Law.
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Virtual Assets and Cryptocurrencies in Pakistan: Legal Framework, and Digital Economy Risks
Scientific article
The virtual assets regulation in Pakistan has transitioned from the informal ban to a systematic control from 2025 to 2026. The new regulatory framework of Virtual Assets Act 2026 is based on the Pakistan Virtual Assets Regulatory Authority (PVARA), the separation of jurisdictional roles of small and big banks between the State Bank of Pakistan and the Securities and Exchange Commission of Pakistan, the FATF-compliant Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) framework, and the simultaneous creation of a central bank digital currency. Current study explores the legal development of the virtual asset’s regulation in Pakistan, the prohibitory circular of the State Bank of Pakistan of 2018 and the enactment of the Virtual Assets Ordinance 2025 leading to the Virtual Assets Act 2026. The unresolved policy issues like regulatory uncertainty between the two authorities, capital requirements which can bar local innovators, procedural inadequacies in lawmaking via presidential ordinance, constitutional problems in regulatory overreach, data privacy issue in the absence of a broad-based data protection law, enforcement capacity issues, and the unsolved problem of Shariah compliance in a Muslim-majority country have also been discussed. Comparative analysis with South Asian jurisdictions, especially with the taxation-intensive policy in India and the fact that Bangladesh has not yet legalized its virtual assets system, the author argues that for an effective regulation, Pakistan should demarcate its jurisdiction, implement a comprehensive licensing system, have an effective parliamentary control, and come up with Shariah-compliant virtual assets laws.
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When the Family is Not Biological: Redefining “Family” in Law
Scientific article
The institution of the family in India has traditionally been demarcated by the rigid contours of consanguinity and marriage. However, the contemporary socio-legal landscape is witnessing a significant paradigm shift, necessitated by the emergence of diverse domestic arrangements that defy conventional definitions. Current study explores the evolving jurisprudence of the 'family' within Indian law, highlighting the transition from a formalist approach—relying strictly on biological and marital ties to a functionalist perspective that recognizes "atypical" manifestations of the family unit. Drawing on the Supreme Court of India's landmark observations regarding domestic, unmarried, and queer partnerships, the research explores the constitutional dimensions of familial recognition under Article 21. It further analyses the statutory distinction between "household" and "family," as elucidated in Indrapal Singh v State of U.P.; to demonstrate how administrative law often lags behind constitutional aspirations. By engaging with comparative legal theories on "de facto" parenthood and the rights of psychological parents, this study argues that the functional performance of care and interdependence must form the basis for legal recognition, ensuring that the protective canopy of social welfare and constitutional liberty extends to all genuine familial bonds," As explained in Indrapal Singh v. State of U.P., administrative law frequently does not keep up with constitutional goals. In engaging with comparative theories of law pertaining to "de facto" parenthood and the rights of psychological parents, this study argues for legal recognition based upon provided well care and mutual reliance of parties.
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