Home Search
Search results: The Supreme Court
Speed important in IBC but fairness more so
Recently, in Rathi Graphics Technologies Limited v Rajkumar Rathi & Ors, the National Company Law Tribunal (NCLT), relying on Supreme Court decisions and the report of the Bankruptcy Law Reform Committee, held that committees...
Supreme Court directive on ad hoc arbitrator fee
An arbitration between the Oil and Natural Gas Corporation (ONGC) and Afcons Gunanusa commenced in 2015, but a disagreement arose over the fee to arbitrators and who should decide the issue.
According to the parties’...
‘Final and binding’ not needed to validate arbitration clause
The Supreme Court recently held that an arbitration clause has to be given effect, whether or not expressly stated that an arbitrator’s decision is final and binding.
In Babanrao Rajarum Pund v M/S Samarth Builders...
Guidance awaited on future of group of companies doctrine
Arbitration is a creature of contract statutorily backed by the Arbitration and Conciliation Act, 1996 (act), which is intended to provide quick and efficacious alternate dispute remedies. In our experience, challenging areas in arbitration...
Trilegal names Khaitan’s Jariwal as New Delhi disputes partner
Former Khaitan & Co lawyer Rajat Jariwal joins Trilegal as a partner in the disputes resolution team at the New Delhi office from this month.
“We expect him to play a crucial role in...
Regulators looking to rate ESG rating providers
Environmental social and governance (ESG) factors are increasingly important both globally and in India. ESG investments are now a separate investment class and private equity and venture capital investors often require ESG compliance by...
Mandatory mediation hoped to unclog commercial lists
The Commercial Courts Act, 2015 (act), expedited the delivery of justice in commercial disputes involving over INR10 million (USD125,500). In 2018, the value of commercial disputes to which the act applied was reduced to...
Supreme Court decision clouds insolvency process
The Supreme Court’s judgment in the case of Vidarbha Industries Power v Axis Bank opened a Pandora’s box earlier this year when it unsettled a long established practice of the adjudicating authority admitting insolvency...
Too much power?
Fears of raids and asset seizures have turned the Directorate of Enforcement into a veritable bogeyman for India inc, writes Freny Patel
T he Directorate of Enforcement (ED), India’s most powerful crime-fighting agency, makes daily...
References not enough to compel arbitration
The Supreme Court recently reiterated the principles laid down in Jagdish Chander v Ramesh Chander (2007), that an arbitration agreement should disclose a determination and obligation on behalf of parties to refer disputes to...
Top court steps in to settle jurisdiction disputes
The tug of war over jurisdiction has surfaced many times in arbitration proceedings, necessitating the Supreme Court to step in repeatedly to settle disputes. In General Manager East Coast Railway Rail Sadan and Anr...
When in doubt, arbitrate
Citing an earlier Supreme Court decision, Delhi High Court has ruled that courts must lean towards referring matters to arbitration when one party seeks to negate an arbitration agreement by citing other provisions of a...
Solving the problem of interest and insolvency
The component of interest has played a significant role in the admission of a company into insolvency where the required monetary threshold is partially unmet. The question that arises in these situations is whether...
GST: A 5-year report card
A look back at the past five years shows that GST hasn't been the game-changer that was promised. Shivanand Pandit reports
Five action-packed years, 47 GST council meetings, manifold tax rates, and several boundaries set...
Safe digital spaces may curtail existing freedoms
Questions over whether the internet should be regulated and if so, how have vexed governments for years, with India being no different. In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)...
Committee recommends recognition of stock appreciation rights
Soaring valuations and constant innovation have made the start-up landscape in India extremely competitive. Not only has this led to an increased demand for executive talent but it has also led to a more...
Supreme Court says financial creditors not so supreme
In the recent case of Vidarbha Industries Power Limited v Axis Bank Limited, the Supreme Court held that the National Company Law Tribunal (NCLT), as the adjudicating authority, has discretion to admit or reject...
Making states secured creditors weakens IBC
The recent Supreme Court (SC) case of State Tax Officer (1) v Rainbow Papers Limited held that section 48 of the Gujarat Value Added Tax Act, 2003 (GVAT), a notwithstanding provision imposing a statutory...
Court clears airport agreement for takeoff
In the recent case of MIHAN India Ltd v GMR Airports Ltd and Ors, the Supreme Court confirmed that no public body or authority may act in an arbitrary manner merely because it has...
JSA acts for SBI in stalled Dunar Foods insolvency proceedings
The National Company Law Appellate Tribunal (NCLAT) upheld an NCLT decision setting a precedent and paving the way for progress on the resolution of the Dunar Foods insolvency proceedings. JSA acted as the legal...
Rules of engagement
There are two different rulebooks for dealing with anti-competitive behaviour around the world. Respected legal academic Souvik Chatterji analyses the differences from an India perspective and explains how one makes for quicker and more...
SNG rewards Gupta and Aggarwal with promotions
SNG & Partners has promoted two key personnel, Sanjay Gupta to managing partner and Amit Aggarwal as senior partner, for their leadership and hard work a month after the establishment of a joint venture...
Court in the act
Supreme Court gives teeth to copyright penalties
The Supreme Court’s judgment in the recent matter of Knit Pro International v State of NCT of Delhi is likely to assuage the demands of Western nations that...
You’re hooked!
A new cyber scam is targeting top brands’ websites to sell fake dealerships and franchise offers. While the courts are helping by making such offences cognisable and non-bailable, brand owners must up the ante...
NOIDA dues are not a financial debt
The Supreme Court in NOIDA v Anand Sonbhadra recently considered whether sums owed by real estate developers to New Okhla Industrial Development Authority (NOIDA) under long-term leases could be classified as financial debts and...
Bouncing back
As business and travel edge back to normal after the pandemic, which foreign law firms are leading the field with their India offerings? Vandana Chatlani finds out
See earlier editions of this report
F
ollowing a swift...
Granting employee stock options to promoters
Companies cannot grant employee stock options (ESOPs) to promoters under Indian law. This restriction is set out in rule 12 of the Companies (Issue of Share Capital and Debenture) Rules, 2014 (rules) and Regulation...
Employee secondment becomes taxing for Japanese companies
Japanese multinational companies often second their nationals to connected companies in different jurisdictions. The group learns about internal cultural differences, employees gain valuable experience and relationships are strengthened within the group.
In a secondment, the...
Companies depend on proper paperwork at trial
As companies come into existence only through statute, and their powers and those of their officers are similarly derived, documents and their proofs are vital when companies are involved in litigation. It is essential...
Questions arise over restricting ‘sale of pledged shares to self’
In the recent case of PTC India Financial Services Limited v Venkateswarlu Kari and Anr, the Supreme Court delivered a landmark judgement settling key aspects of the law in relation to pledges and the...
Maiden UK sustainability award for green lawyer Sudhir Mishra
Eminent environment lawyer Sudhir Mishra has received the Guardians of Sustainability Award this year for the first time at a curtain-raiser for The Canvas – World’s First student SDG accelerator initiative.
“It’s a huge recognition...
Condition critical
A conflict has played out before several judicial forums over the fate of Future Retail, a company in grave health with creditors and two of the world’s richest men entangled in its fate. Freny...
L&L Partners dissolves litigation arm; hires Verus’ founding partner
L&L Partners’ managing partner Rajiv Luthra has issued a notice for the dissolution of the firm’s litigation arm and chalked out a plan to reorganise its various practice areas under a one-firm structure.
As a...
Perverted priorities
CERT-In has shown more interest in collecting data and imposing restrictions on businesses than warding off cyber-attacks, writes Software Freedom Law Centre’s Mishi Choudhary
The government and its relationship with the privacy of citizens has...
Power of attorney and property ownership
The Supreme Court in a recent ruling has held that when an agent under a power of attorney is in possession of an immovable property, the possession is that of the principal owner. However,...
Standards of proof for money laundering offences
The Supreme Court, in a recent matter, held that in case of offences under the Prevention of Money Laundering Act, 2002 (PMLA), courts cannot proceed merely on the basis of the principle of “preponderance...
Argus hires Bhavya Mohan as disputes partner in Bengaluru
Argus Partners named Bhavya Mohan as a partner in the dispute resolution practice from June at the firm’s Bengaluru office.
Prior to joining Argus, she was an advocate with Arista Chambers, and as an associate...
Departing IT staff getting tied up with non-compete clauses
Shortage of tech talent across all industries is taking a particularly huge toll on information technology companies as digital ecosystems evolve and adapt to repercussions of the pandemic – with many IT employees offered...
Private equity investment in P2P solar trading
India’s solar energy ecosystem is rapidly developing. A recent phenomenon is the peer-to-peer (P2P) trading of solar energy, where persons generating solar energy for their private use are selling excess power generated to other...
Sale to self of pledged securities not legal
In PTC India Financial Services Limited v Venkateshwarlu Kari and Anr., the Supreme Court ruled on the exercise of rights under a pledge of dematerialised shares. The issue was whether the re-classification of the...
Price of protection
India's proposed data protection regulation demands data localisation and restricts cross-border transfers, promising economic benefits for the broader economy, but imposing big cost and logistical challenges on Indian and international companies, write K Satish...
Court acts on reassessments
While deciding an appeal against an order of the Allahabad High Court (Union of India v Ashish Agarwal, 2022), which had set aside reassessment notices issued by the Department of Revenue, within the Ministry...
Decree holders ‘not same as financial creditors’
The Supreme Court has upheld a decision of the Tripura High Court by refusing to interfere with its judgment that decree holders cannot be treated the same as financial creditors under the Insolvency and...
Court not obliged to remit matters to arbitral tribunals
In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award, or to fill...
Arbitral awards bound by contract
The Indian Supreme Court has set aside an arbitral tribunal’s award for acting beyond the confines of a contract executed between parties. The court held that the power of courts and arbitral tribunals was...
Ignoring precedent risks stability in real estate
The concept of precedent and the binding effect of precedents set by higher courts on lower courts is one of the cardinal bases on which the judiciary functions and the doctrine of stare decisis...
Supreme Court rules that SEBI must disclose
The Securities and Exchange Board of India (SEBI) issued the SEBI (AF) Regulations, 2003 (regulations), to regulate unlawful, fraudulent and unfair trade practices in the securities market. The regulations give SEBI and the investigating...
NHAI takes innovative routes to financing
In October 2021, the National Highways Authority of India (NHAI) sponsored its first infrastructure investment trust (InvIT), the National Highways Infra Trust (NHAI InvIT), to monetise completed national highways.
The NHAI InvIT raised funds through...
Indian Law Firm Awards 2022
Discover our other annual awards Award
In a celebration of hard work, ingenuity and excellence, India Business Law Journal reveals the winners of the 2022 Indian Law Firm Awards. Vandana Chatlani reports
In the past 12...
Kolkata’s Fox & Mandal allies with BlackRobe Chambers
Kolkata-based firm Fox & Mandal has expanded its footprint to New Delhi in a collaboration with BlackRobe Chambers – a full-service firm headed by Kunal Vajani.
“Debanjan has a progressive outlook to grow the...
Mohini V enters Remfry’s equity partnership
IP disputes specialist Mohini V has joined Remfry & Sagar as an equity partner.
With nearly 15 years of experience in litigation, Mohini has provided counsel to clients on areas such as trademark infringement, unfair...
Pre-deposit mandatory under Customs Act
A bench comprising Justices KM Joseph and Hrishikesh Roy, in the case of Chander Sekhar Jha v Union of India and Anr, dismissed an appeal assailing the order of the Calcutta High Court regarding...
CCI’s hands tied in debt trustee dispute
India’s antitrust probe into the alleged collusion over fees charged by debt trustees of the State Bank of India, Axis Bank and IDBI Bank took a back seat following an intervention by the Bombay...
Improper communication in M&A leads to trouble
The restrictions on sharing unpublished price sensitive information (UPSI) are strict and not typical of the way such information is dealt with globally. However, by now, most stakeholders are comfortable with the standard requirements...
Private client models enter the modern world
Traditional family-run businesses are giving way to a new age of startups and technology-driven business models. Given India Inc’s desire for a global footprint, migration or foreign passports are now common. Many families and...
Fintech is the future of inclusive finance
The banking and financial services sector has long been a pioneer and centre of technological innovation, providing end-user banking and financial services. Fintech has emerged as a direct competitor to legacy banking, but has...
NCLT’s ability to issue warrants strengthens insolvency resolution
The inability to resolve the insolvency of a corporate debtor does not merely stem from the fact that the entity is, in fact, distressed. In many cases, the resolution professional (RP) is unable to...
RERA poses a challenge for private equity
The Real Estate (Regulation & Development) Act, 2016 (act), the most significant reform of India’s real estate sector in modern times, came into effect in 2017. The act established a Real Estate Regulatory Authority...
Don’t ignore CCI’s teeth
A more considered approach to investigations during tough pandemic times should not be construed as less commitment from the Competition Commission of India’s plans to ensure fair competition, write its Former Chair Dhanendra Kumar...
Cryptic question
Viable alternative or Dutch tulip?
There should be little surprise that India continues to struggle with the knotty problem that is virtual currencies, which according to a May 2020 ruling of the Supreme Court, “elude...
DAOism: a new kind of faith
The idea for a decentralised autonomous organisation, where the rules are baked into its code with no management structure or board of directors, has emerged with the rise of blockchain technology. Andrew Godwin examines...
Superstructure mortgages – A bit wobbly?
The concept of mortgage, as set out in the Transfer of Property Act, 1882 (TPA), and related laws, involves the mortgagor fettering its interest in immovable property in favour of the mortgagee or the...
IndusLaw gets disputes expert
Soura Subha Ghosh has joined IndusLaw at the firm’s Mumbai office in its dispute resolution practice. With more than 15 years of experience, his practice includes commercial civil litigation, dispute resolution, arbitration, mediation and...
Fieldfisher hires India head, litigation partner
Shivani Sanghi has joined European law firm Fieldfisher in London as a partner in its international arbitration and commercial litigation team and as head of its India practice.
She will lead Fieldfisher’s India arbitration practice...
Between rocks & hard places
In the face of data requests from law enforcement agencies, conflicting legal requirements from home country and foreign jurisdictions are putting multinational tech companies in an unprecedented dilemma. How should they respond? Pan Cong,...
Humans still required in private equity
The evolution of the global economy has been largely driven by the disrupters that have revolutionised the way people work and live. Digitisation and artificial intelligence (AI) have been hailed as triggering the fourth...
Possible happy ending for controversial cinema bill
The Cinematograph Act, 1952 (act), was introduced to certify cinematograph films for exhibition and to regulate such exhibition. However, the legislation is long overdue for an overhaul. To have a law that acknowledges new...
CCI’s penalty orders need guidance, consistency
The Competition Act, 2002 (act), gives wide discretion to the Competition Commission of India (CCI) to penalise enterprises and individuals for engaging in anti-competitive practices. Under section 27(b), the CCI can impose a penalty...
Extraordinary rules for exemplary damages in IP infringement
The grant by courts of a permanent injunction and exemplary damages against an intellectual property (IP) infringer is meant to be a deterrent against future infringement.
The principles for obtaining injunctions have been clearly laid...
CCI theoretical analysis of vertical agreements not practical
Anti-competitive agreements are dealt with under section 3 of the Competition Act, 2002 (act). Section 3(4) prohibits vertical agreements between enterprises or persons at different levels of the production and supply chains that cause...
Dispute resolution in India for Japanese companies
The legal system in India is a combination of legislations and judicial precedents. The central government and state governments both legislate on subjects as prescribed in the constitution while judicial precedents are laid down...
P&A on track with bullet train win in Supreme Court
P&A Law Offices represented the National High Speed Rail Corporation when the Supreme Court of India quashed an order of Delhi High Court directing it to reconsider a disqualified bid submitted in a foreign-funded...
Deconstructing AI
Hype and hysteria over artificial intelligence must be tempered to prevent knee-jerk reactions from regulators and to ensure India can reap the benefits cutting edge technology offers, write Abhivardhan and Mridutpal Bhattacharyya
To its boosters,...
Job quotas not yet working in Haryana
The state government of Haryana enacted the Haryana State Employment of Local Candidates Act, 2020 (act) and the Haryana State Employment of Local Candidates Rules, 2021, which took effect in January 2022. The act...
Overstepping the mark
The requirement to submit a test licence in the drugs and cosmetics rules goes beyond the ambit of the Parent Act, and is a hindrance to R&D for pharma companies, writes Syngene International's Shreekanth...
Withdrawal of CIRP may save corporate debtor
The object of the Insolvency and Bankruptcy Code, 2016 (IBC) is to maximise the asset value of the corporate debtor while protecting and balancing the interests of all stakeholders. The IBC discourages individual actions...
Flat owners triumph on occupation certificate compensation
In Samruddhi Co-operative Housing Society Ltd v Mumbai Mahalaxmi Construction Pvt Ltd, the Supreme Court confirmed that flat purchasers are entitled as consumers to apply for compensation for the failure of the builder to...
Post-award interest okayed in arbitration awards
In a recent ruling, the Supreme Court reaffirmed that post-award interest can be granted by an arbitrator even on the interest component in the award.
In arbitration between UHL Power Company Limited (UHL) and the...
Not all public service employees are equal
In State of Maharashtra v Bhagwan, the Supreme Court held that state governments and autonomous boards and bodies were not on a par, and employees of the latter were governed by their own service...
Meta ready to throw in towel
Facebook’s parent has threatened to call it quits in India as it fears the data privacy law could force it to modify or cease existing business practices.
On 2 February, Meta Platform expressed concerns in...
Limited challenge to foreign arbitral award enforcement
In Gemini Bay Transcription Pvt Ltd v Integrated Sales Service Ltd & Anr, the Supreme Court considered whether a person who was not a signatory to an arbitration agreement could challenge a foreign arbitral award....
Private equity and its impact on competition
The Competition Commission of India (CCI) is presently studying private equity (PE) investment in India in order to understand the impact that common ownership may have on competition in the relevant market. The decision...
Insolvency resolution process has time limits
The Supreme Court, in the matter of Committee of Creditors of Amtek Auto Limited through Corporation Bank v Dinkar T Venkatsubramanian, observed that the entire resolution process had to be completed within the period stipulated...
Do shareholder activists face barriers to calling meetings?
In Zee Entertainment Enterprises Ltd v Invesco Developing Markets Fund & Ors, the Bombay High Court considered shareholders’ right to requisition a general meeting.
Invesco, a shareholder in Zee, requisitioned an extraordinary general meeting to...
IBC offers attractive options for M&A deals
The Insolvency and Bankruptcy Code, 2016 (IBC) has gradually evolved but, following a number of amendments, now offers a value route for M&A transactions. Corporate insolvency prior to 2016 was a disordered process but...
Supreme Court clarifies award modifications
The Supreme Court has held that an arbitrator allowing an application to modify an original award in the exercise of powers under section 33 of the Arbitration and Conciliation Act, 1996, was not sustainable...
Uttar Pradesh RERA’s refund decision upheld
The Uttar Pradesh Real Estate Regulatory Authority ordered Newtech Developers to refund (with interest) the advance paid by homebuyers over a delay in handing over possession. This finding was impugned before the Supreme Court.
The...
India’s path to carbon neutrality
The absence of a climate change law leaves pressing concerns for India’s achievement of emission reduction goals, write Priti Suri and Arya Tripathy
India is moving fast towards becoming the world’s most populous country, and...
Analysis of emerging trends in lease deeds
Lease instruments define the rights and obligations of lessors and lessees, and deal – through law and necessity – with the contingencies and exigencies that affect leases. Leases must be adequately stamped, registered and...
India tackles the difficulties of regulating cryptos
Cryptocurrency regulation started in 2018 with the Reserve Bank of India (RBI) prohibiting banks from involvement in crypto-based transactions. The Supreme Court overturned the ban, leading to significant growth in the trading of cryptocurrency,...
Competition law needs framework for private enforcement
Competition law jurisprudence in India has evolved significantly since the Competition Act, 2002 (act), came into force. However, the private enforcement of competition law infringement is yet to take off.
Private enforcement claims can only...
Homebuyers versus lenders in fight for recovery
The enactment of the Real Estate (Regulation and Development) Act, 2016 (RERA), and the Insolvency and Bankruptcy Code, 2016 (IBC), were welcome reforms and well-received by stakeholders in the real estate industry including lenders...
Lack of avenue to opt out makes government contracts inequitable
Public sector enterprises, and other government entities (government) regularly execute commercial contracts with private entities or private contracting parties. These contracts often follow bids submitted in response to government tenders, and usually contain standard...
A small suffix causes big IP dispute
The long-running dispute between the companies behind the online payment apps PhonePe and BharatPe has intensified. Each side claims ownership of the trademarks and suffixes PE and Pe, alleging misuse against the other. In...
Open access to electricity becoming a reality
Bringing relief to captive projects, the Supreme Court (SC) has held that captive consumers are not liable to pay additional surcharges. Additional surcharges are charges levied by distribution companies (discom) on consumers who receive...
Jury out on fate of cryptos, NFTs
India stands on the cusp of a cryptocurrency boom even as a 2021 bill may scupper opportunities while also affecting prospects for non-fungible tokens, which are traded in cryptos. Raghavan Ramabadran and Sai Prashanth define the instruments and...
Challenges in defining relevant markets for digital businesses
Defining the relevant market is the first and most significant step of antitrust analysis. It sets the scope of that analysis and provides a structure and foundation for the economic and legal assessment within...
Post-dated cheques not a worthless paper
In debt transactions, it is fairly standard for lenders to accept post-dated cheques (PDC) from borrowers as security for the repayment of loans. But what if such PDCs bounce upon being presented for payment?...
IBLJ In-house Counsel Awards
In-house Counsel Awards 2022
India Business Law Journal reveals the country’s leading in-house counsel and corporate legal teams in our very first awards. Gautam Kagalwala reports
Individual AwardsTeam Awards
For the inaugural India Business Law Journal In-house...
Employment burden of proof after dismissal ‘on the employee’
The Supreme Court, in the 24 September judgment of National Gandhi Museum v Sudhir Sharma, observed that whether an employee after dismissal was gainfully employed was within his special knowledge and, therefore, considering the...
Who’s in control?
The markets regulator has begun a process to move away from the broad concept of promoter to controlling shareholders in order to better identify who’s in charge. Shivanand Pandit reports
Paving the way for a...
Climate challenges ahead
Time to walk the talk
In what was a first for South Asia, the Uttarakhand High Court in 2017 ruled that the Ganga and Yamuna rivers, and their catchment areas and tributaries, had rights as...
The legality of games of skill
Whether played online or offline, games of skill are judicially protected and cannot be viewed as gambling, writes Suhaan Mukerji
Playing games of skill such as rummy or bridge has been judicially held to...
SC overreach undermines the purpose of IBC
The Supreme Court in Dena Bank (now Bank of Baroda) v C Shivakumar Reddy held that a money decree or adjudication of a claim creates a fresh cause of action for a financial creditor...
Burning question
Do lawyers have an increased responsibility in averting a climate catastrophe? Vandana Chatlani reports
In August, the Intergovernmental Panel on Climate Change (IPCC), a UN body for assessing the science related to climate change, published...
Analysis of restrictive covenants within employment agreements
Employment agreements, especially at senior management level, are becoming increasingly complex considering the ever-increasing need for protecting trade secrets and business know-how. Consequently, boards and senior management have been imposing restrictive covenants in employment...
Karnataka bans online gambling
The Karnataka Legislative Assembly has passed the Karnataka Police (Amendment) Bill, 2021, to ban online gambling and betting involving all forms of wagering, including in the form of tokens valued in terms of money...
India’s top law firm websites
What makes a good legal website, and which firms are achieving the best online engagement?
Law firm websites have a troubled history in India. For a long time they were effectively, if not explicitly, prohibited...
Party autonomy now rules in arbitration law
Recent decisions of the Supreme Court have added to what is recognised as a pro-arbitration regime. One was PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited, where the court ruled...
Freedom of speech under threat from internet controls
Henry David Thoreau, the famed American philosopher and environmentalist, was in no doubt that citizens are entitled to disobey unjust laws. He would surely include in that category the Information Technology (Intermediary Guidelines and...
Smoke clears over arbitration in trademark disputes
In the recent case of M/S Golden Tobie Private Limited v M/S. Golden Tobacco Limited, the Delhi High Court decided the question of whether trademark-related disputes can be the subject of arbitration. The court...
Game not over
A spate of high-stakes legal victories means the fantasy sports format is here to stay, but there is still much to be done to stabilise the industry, writes Amol Apte at Dream11
Editor's note
Despite the...
ELF launched to focus on litigation finance
Pranav Mago, a former head of South Asia for the Singapore International Arbitration Centre, recently established a litigation finance consultancy called ELF Partners in Singapore.
According to Mago, litigation finance, or third-party funding of litigation...
Digital intermediary rules leave open door for misuse
In February 2021, the government enacted the Information Technology (Intermediary Guidelines Digital Media Ethics Code) Rules, 2021, under the relevant provisions of the Information Technology Act, 2000. Companies had until 26 May 2021 to...
Copyrighted software not taxable royalty on resale
The taxability of payments by importers for software imports from non-resident suppliers is a vexed question on which courts had earlier given conflicted rulings. The question has now been settled by the Supreme Court...
Ignoring evidence renders an arbitral award perverse
In the case of PSA Sical Terminals Pvt Ltd v Board of Trustees of VO Chidambranar Port Trust Tuticorin & Ors, the Supreme Court considered whether a finding made by an arbitrator unsupported by evidence...
Court upholds emergency award in Amazon dispute
The Supreme Court, in the recent case of Amazon.com NV Investment Holdings LLC v Future Retail Ltd & Ors, answered two important questions. First, it held that an award by an emergency arbitrator appointed under...
Are states obligated to comply with GST Council recommendations?
The Goods and Services Tax (GST) regime was intended to create a uniform and harmonious nation-wide tax system. The union government and states have concurrent powers under article 246A (1) of the constitution to...
