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Jivesh Chandrayan Partner HSA Advocates

Analysis of restrictive covenants within employment agreements

By Jivesh Chandrayan, HSA Advocates
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

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...
Best Indian law firm websites 2021

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...
Shaneen Parikh,Shalaka Patil, Cyril Amarchand Mangaldas

Party autonomy now rules in arbitration law

By Shaneen Parikh and Shalaka Patil, Cyril Amarchand Mangaldas
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...
Ashima Obhan ,Vrinda Patodia, Obhan & Associates

Freedom of speech under threat from internet controls

By Ashima Obhan and Vrinda Patodia, Obhan & Associates
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...
Manisha Singh and Shreyashi Mazumdar, LexOrbis

Smoke clears over arbitration in trademark disputes

By Manisha Singh and Shreyashi Mazumdar, LexOrbis
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...
fantasy sports

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-Partners-Pranav-Mago-Litigation-Finance

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

By Saurya Bhattacharya and Aseem Sahni, HSA Advocates
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...
Shahid-Khan-Kochhar-&-Co.

Copyrighted software not taxable royalty on resale

By Shahid Khan, Kochhar & Co.
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...
Karthik Somasundram Bharucha Partners Ignoring evidence renders an arbitral award perverse

Ignoring evidence renders an arbitral award perverse

By Karthik Somasundram, Bharucha & Partners
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

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...
Raghavan-Ramabadran is-an-executive-partner-and Rohan-Muralidharan-and Sahana-Rajkumar are-principal-associates-at-Lakshmikumaran-&-Sridharan

Are states obligated to comply with GST Council recommendations?

By Raghavan Ramabadran, Rohan Muralidharan and Sahana Rajkumar, Lakshmikumaran & Sridharan
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...
Rivals see red on biscuit packaging

Rivals see red on biscuit packaging

By Manisha Singh and Dheeraj Kapoor, LexOrbis
Over the years, competition between the Indian biscuit giants Britannia and ITC has seen many a battle arising from disputes over trademark infringement and passing off. In 2017, the Delhi High Court allowed an...
The-rebuild: IP matters

The rebuild

The IP division at Delhi High Court may be a harbinger of a new era, but India would do well to look further afield for examples of best-practice IP dispute resolution, argues KS Kardam,...
Top foreign law firms in india 2021

Mapping global expertise

Top India-focused Law Firms 2007 Top India-focused Law Firms 2008 Top India-focused Law Firms 2009 Top India-focused Law Firms 2010 Top India-focused Law Firms 2011 Top India-focused Law Firms 2012 Top India-focused Law Firms 2013 Top India-focused Law Firms 2014 Top India-focused...
Electricity regulator continues to reign supreme for now, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

Electricity regulator continues to reign supreme for now

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The conflict between electricity regulatory commissions and arbitrators in electricity sector disputes is a long-standing and vexed issue. In the recent case of Chief General Manager (IPC) MP Power Trading Co Ltd & Anr...
Certificate of recovery constitutes fresh cause of action

Certificate of recovery constitutes fresh cause of action

The Supreme Court, in its judgment dated 4 August in the matter of Dena Bank (now Bank of Baroda) v C Shivkumar Reddy and Anr, has held that a certificate of recovery, if not...
Court addresses limitation provisions under MSMED Act

Court addresses limitation provisions under MSMED Act

The Supreme Court recently passed a common judgment in two civil appeals – Silpi Industries etc v Kerala State Road Transport Corporation & Anr, and Khyaati Engineering v Prodigy Hydro Power Pvt Ltd –...
Non-signatories can be compelled to arbitrate, Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners

Non-signatories can be compelled to arbitrate

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners
In Shapoorji Pallonji and Co Pvt Ltd v Rattan India Power Ltd and Anr, the issue before the Delhi High Court was whether a non-signatory to an arbitration agreement can be compelled to arbitrate....
Deep mining yields rewards from IBC resolutions, Charanya Lakshmikumaran and Ishita Mathur, Lakshmikumaran & Sridharan 

Deep mining yields rewards from IBC resolutions

By Charanya Lakshmikumaran and Ishita Mathur, Lakshmikumaran & Sridharan 
India is mineral rich, with the mining sector a powerhouse contributing INR913 billion (USD12.3 billion) to GDP. However, this sector, which is integral to government plans to revive the economy, has profitability problems. Falls...
Delays and inconsistent treatment reduce RERA’s effectiveness, Amaresh Kumar Singh, HSA Advocates

Delays and inconsistent treatment reduce RERA’s effectiveness

By Amaresh Kumar Singh, HSA Advocates
RERA, or the Real Estate (Regulation and Development) Act, 2016 (act) and the Real Estate Regulatory Authority established under it, aimed to balance the interests of the various stakeholders in the real estate ecosystem,...
Do hybrid companies still exist

Do hybrid companies still exist?

By Anushri Uttarwar and Umang Pathak 
Private entities that are legally deemed to be public, yet permitted to retain private characteristics such as restrictions on share transferability, are called hybrid companies. In the Tata-Mistry dispute, the National Company Law Appellate...
Karnataka court clears way for CCI e-commerce probe

Karnataka court clears way for CCI e-commerce probe

By Hrishav Kumar and Harshil Vijayvargiya
On 11 June 2021, the Karnataka High Court dismissed Amazon and Flipkart’s writ petition challenging the Competition Commission of India’s (CCI) probe against the pair’s alleged anti-competitive business practices. On the basis of information...
SPACs- why PIPE investments play a key role, Lynwood Reinhardt and Brooke Dorris, Reed Smith

SPACs: Why PIPE investments play a key role

By Lynwood Reinhardt and Brooke Dorris, Reed Smith
Lynwood Reinhardt and Brooke Dorris examine the impact of private investment in public equity on de-SPAC transactions The SPAC, or special purpose acquisition company, is a resurgent spin on the relatively well-trodden concept of a...
Gender-in-justice,-India-Business-Law-Journal

Gender in justice

Senior women lawyers across Asia share their personal stories of success, strategy, struggle and loss, all towards a more inclusive legal profession. Putro Harnowo reports The legal profession has long been subject to criticism for...
Captive generation- APTEL breaks a few chains, Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors

Captive generation: APTEL breaks a few chains

By Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
Captive generation is the new battlefield between generators and distribution companies (DISCOM). While captive generation appeals to consumers and generators by providing a cheaper source of electricity, DISCOMs have resisted captive generation projects. This has...
Looking east, Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law

New frontiers for arbitrations seated in Singapore

By Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law
Supreme Court judgment opens new frontier for Singapore-seated arbitration for Indian parties, write Sreenivasan Narayanan, Raja Bose and Rob Houston The Supreme Court’s landmark decision in PASL Wind Solutions Private Limited v GE Power Conversion...
WhatsApp to close the shutters on privacy policy

WhatsApp shutters plan to enforce privacy update

Who would have imagined India, without a data privacy law, could make the Facebook-owned messaging service, WhatsApp, change its stance and adopt a more favourable approach to its privacy policy update? This is a...
IBC and exclusions from committee of creditors 

IBC and exclusions from committee of creditors 

During the corporate insolvency resolution process (CIRP), the committee of creditors (COC) is the de facto board of the defaulting company. The COC is constituted after collating all the claims on the debtor, and...
Balancing commercial considerations with consumer interests, Shreya Sircar, Bharucha & Partners

Balancing commercial considerations with consumer interests

By Shreya Sircar and Ishita Jain, Bharucha & Partners
The Maharashtra Real Estate Appellate Tribunal (appellate tribunal), in Dinesh R Humane & Anr v Piramal Estate Private Ltd, held that the right of an allottee to book an apartment includes the right to...
Levy on imported oxygen concentrators challenged

Levy on imported oxygen concentrators challenged

The Delhi High Court in Gurcharan Singh v Ministry of Finance heard a case where the 85-year-old petitioner challenged the government notification dated 3 May 2021 with respect to the levy of an integrated...
Supreme Court- Party autonomy is the backbone of arbitration

Supreme Court: Party autonomy is the backbone of arbitration

The Supreme Court in a recent landmark judgment titled PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited ruled that nothing stands in the way of party autonomy in designating a...
Implications of opening the gate for foreign-seated arbitrations

Implications of opening the gate for foreign-seated arbitrations

The principle of party autonomy is the backbone of arbitration. The freedom to choose the seat of arbitration is another key aspect of that principle. This article examines only one facet of this: whether two...
When SPACs come knocking, Ashok Lalwani and Mark Bell, Baker McKenzie

When SPACs come knocking

By Ashok Lalwani and Mark Bell, Baker McKenzie
Ashok Lalwani and Mark Bell explore the opportunities and risks associated with Indian companies taking the SPAC route With the accelerated rise of special purpose acquisition companies (SPACs) in the US and Europe in 2020...
The fragile position of independent directors of banks, Sumit P and Asima Ghosh, HSA Advocates

The fragile position of independent directors of banks

By Sumit P and Asima Ghosh, HSA Advocates
The improvement of corporate governance norms of banks has been on the agenda for many years. However, after egregious irregularities and misconduct at the highest levels were found at some well-known banks and non-banking...
Pros and cons of foreign-seated arbitration, Sumeet Kachwaha and Tara Shahani, Kachwaha & Partners

Pros and cons of foreign-seated arbitrations

By Sumeet Kachwaha and Tara Shahani, Kachwaha & Partners
With Indian parties now able to arbitrate outside India, Sumeet Kachwaha and Tara Shahani look at the advantages and disadvantages, as well as how some parties may lose out by taking the dispute offshore...
News report referring to trademark not wrongful use, Manisha Singh and Malyashree Sridharan, LexOrbis

News report referring to trademark not wrongful use

By Manisha Singh and Malyashree Sridharan, LexOrbis
In Prateek Chandragupt Goyal v State of Maharashtra and Ors, the Bombay High Court set aside a first information report (FIR) filed by the Sakal Media Group with the police against a journalist at...
Demystifying limitation period under section 37 appeals

Demystifying limitation period under section 37 appeals

The conundrum regarding the limitation period of filing an appeal under section 37 of the Arbitration and Conciliation Act, 1996, seems to have been demystified with the Supreme Court’s verdict in the matter of...
Cryptocurrencies unchained

Cryptocurrencies unchained?

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas; Rajiv Luthra and Anirudh Gotety, L&L Partners
Since the Supreme Court overturned India's ban on cryptocurrencies, trading volumes have increased exponentially and home-grown crypto startups have blossomed. But the government has yet to establish a regulatory regime, and reports of another...
India Business Law Journal

In dire straits

Critical situation requires unified response Few could have imagined the day when a judge of Delhi High Court would urge the state “to beg, borrow or steal”. The judge was just one of many across...
Ascertaining impact of IBC’s section 32A on criminal proceedings, Sonam Gupta and Anurag Tandon, Bharucha & Partners

Ascertaining impact of IBC’s section 32A on criminal proceedings

By Sonam Gupta and Anurag Tandon, Bharucha & Partners
The Insolvency Law Committee (committee), in its third report, recommended that section 32A be inserted into the Insolvency and Bankruptcy Code, 2016 (code). This granted immunity to the corporate debtor and its property from...
Secured creditors not always financial creditors, Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Secured creditors not always financial creditors

By Karthik Somasundram, Sneha Jaisingh and Alabh Lal, Bharucha & Partners
In Phoenix Arc Pvt Ltd v Ketulbhai Ramubhai Patel, the issue before the Supreme Court was whether a person holding a security interest over the assets of a corporate debtor in respect of the...
top indian law firms 2021

Indian Law Firm Awards 2021

Discover our other annual awards Award Vandana Chatlani reports India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on...
Factors when drafting arbitration clauses in commercial contracts, Manoj Kumar, Hammurabi & Solomon

Factors when drafting arbitration clauses in commercial contracts

By Manoj Kumar, Hammurabi & Solomon
In the recent case of PASL Wind Solutions Pvt Ltd v GE Power Conversion India Pvt Ltd, the Supreme Court allowed two Indian parties to elect a foreign seat of arbitration and clarified that...
Recognising reality is the oxygen of governing, Arjun Krishnamoorthy, J Sagar Associates

Ins and outs of laws on oxygen and right to life

By Arjun Krishnamoorthy, J Sagar Associates
The quote “Liquid isko jeene nahin dega aur oxygen isko marne nahin dega” (The liquid won’t let him live; the oxygen won’t let him die) has been famously associated with iconic screen actor Ajit....
Copyright registration not mandatory for enforcement of rights, Aprajita Nigam and Smrita Sinha, LexOrbis

Copyright registration not mandatory for enforcement of rights

By Aprajita Nigam and Smrita Sinha, LexOrbis
Copyright is unique in that it comes into existence as soon the work is created. It is enshrined in the automatic protection principle in the Berne Convention and, as a member of the convention,...
Can dominant enterprises refuse to deal, Karan S Chandhiok and Tarun Donadi, Chandhiok & Mahajan

Can dominant enterprises refuse to deal?

By Karan S Chandhiok and Tarun Donadi, Chandhiok & Mahajan
Abuse of dominance takes many forms. One such form is the refusal to deal. Not every instance of a refusal to deal infringes competition laws. Since competition laws look to preserve and protect competition,...
Indian parties can choose foreign seated arbitrations 

Indian parties can choose foreign seated arbitrations 

The Supreme Court put to rest the contentious issue on foreign-seated arbitration last month in a landmark judgment that brings India in line with international best practices and paves the way for Indian parties...
Court Invoke compulsory licensing to combat covid

Court: Invoke compulsory licensing to combat covid

Patent holders of life-saving drugs for treating covid are likely to voluntarily grant licensing to generic companies to produce the patented drugs, which are in short supply as mortality rates soar in India. This is...
Delay for filing appeals condoned under Commercial Courts Act

Delay for filing appeals condoned under Commercial Courts Act 

The Supreme Court, in a judgment dated 19 March 2021, in Govt of Mahrashtra v M/s Borse Brothers Engineers and Contractors Pvt Ltd, held that the application of section 5 of the Limitation Act...
Madras High Court order set aside

High court order set aside as alternative legal remedies exist

In a recent case, the Supreme Court was hearing a special leave petition against the order of the Madras High Court passed under the provisions of article 227 of the Constitution of India. In the...
Soli Sorabjee- A patient mentor, protector of free speech and jazz aficionado 

Soli Sorabjee: A patient mentor, defender of free speech and jazz aficionado 

Eminent lawyer and former attorney general of India, Soli Sorabjee, died of covid-19-related complications at the age of 91 in New Delhi on 30 April 2021. Mr Sorabjee was seen by his peers as...
Second proviso to IBC not needed

Second proviso to IBC not needed

Recently in Manish Kumar v Union of India, the Supreme Court upheld the constitutional validity of all the provisos added to section 7(1) of the Insolvency and Bankruptcy Code, 2016(IBC), via the Insolvency and...
Policing-the-internet

Policing the internet

Recently released guidelines giving the government power over social media and news portals are being challenged in court. Freny Patel asks experts whether the new rules are a case of overreach The release of “draconian”...
Abolishing IPAB: An own goal?

Abolishing IPAB: An own goal?

By Pravin Anand, Anand and Anand
Closing down the Intellectual Property Appellate Board may not align with the government's plan of promoting ease of doing business, writes Pravin Anand See also: IP practitioners warn of dire consequences as IPAB gets the...
IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop

Axed!

IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop. Gautam Kagalwala reports See also: Closing IPAB goes against plan to improve ease of doing business After nearly 20 years marked as much...
NCLT proper forum for power purchase agreement insolvency, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

NCLT proper forum for power purchase agreement insolvency

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The Supreme Court has ruled that the National Company Law Tribunal (NCLT) has jurisdiction under the Insolvency and Bankruptcy Code, 2016 (IBC) in disputes involving Power Purchase Agreements (PPA). Gujarat Urja Vikas Nigam Limited...
Guarantees will now better ensure payment of debts, Aditya Vikram Dua and Aniket Sawant, SNG & Partners

Guarantees will ensure better payment of debts for now

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners
It is a common practice for lenders to obtain guarantees for securing financial assistance granted to a borrower entity. The guarantor’s liability crystallises as soon as the borrower defaults on the debt. However, the...
More liability on the cards for independent directors

More liability on the cards for independent directors

The Supreme Court decision last month that ended the four-year boardroom feud in the Tata-Mistry saga exposes the vulnerabilities of independent directors when they do not agree with promoters. While the 26 March verdict is...
IBC decides the fate of PPAs in insolvency, Abhirup Dasgupta and Bhawana Sharma, HSA Advocates

IBC decides the fate of PPAs in insolvency

By Abhirup Dasgupta and Bhawana Sharma, HSA Advocates
A power purchase agreement (PPA) is essential not only for the way a power project functions, but also for its very existence. There has, however, been significant uncertainty regarding the status of power generators...
HSA Advocates gets disputes partner Madhumita Kothari

HSA Advocates recruits disputes partner 

Madhumita Kothari has joined HSA Advocates as a partner in the firm’s dispute resolution practice in New Delhi. Kothari has worked both in-house as well as with law firms, and she has almost 23...
Commercial perspectives on the Intermediary Rules, 2021, Manoj Kumar, Hammurabi & Solomon

Commercial perspectives on the Intermediary Rules, 2021

By Manoj Kumar, Hammurabi & Solomon
On 25 February 2021, the Ministry of Electronics and Information Technology in consultation with the Ministry of Information and Broadcasting (MIB) introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021...
E-commerce sales do not infringe DSE IPR, Manisha Singh and Simran Bhullar, LexOrbis

E-commerce sales do not infringe DSE IPR

By Manisha Singh and Simran Bhullar, LexOrbis
Direct selling entities (DSE) sell their products through distributors either by creating a multi-level seller network or by selling directly to the customer in a non-market environment. Lately, sellers have been listing such products...
New GC body aims for statutory recognition of profession

New GC body aims for statutory recognition of profession

Senior general counsel came together to launch the General Counsels’ Association of India (GCAI) at an event organised at Gurugram in March.  “The idea of GCAI was mooted a few years ago as a need...
Related party exclusion cannot be avoided through divestment 

Related party exclusion cannot be avoided through divestment 

Financial creditors that cease to be related parties in order to circumvent the exclusion under the Insolvency and Bankruptcy Code, 2016, should also be considered as being covered by the exclusion, according to a...
Arbitration gets support in validity and fraud challenges, Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners

Arbitration gets support in validity and fraud challenges

By Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners
The Supreme Court, in delivering its judgement in NN Global Mercantile Pvt Ltd v Indo Unique Flame Ltd & Ors, has reinforced India’s recent pro-arbitration approach to dispute resolution. The court held that arbitration...
International-A-list

International A-List 2021

India Business Law Journal reveals the top 100 foreign lawyers for India-related matters View the A-List The arrival of covid-19 brought about a need for agility among international lawyers – to adapt to a reality...
Stamp act amended to reinforce court decision

Stamp act amended to reinforce court decision

The governor of Maharashtra, in exercising powers conferred in him vide article 213(1) of the constitution of India, passed the Maharashtra Stamp (Amendment and Validation) Ordinance, 2021, on 5 February 2021. It amends section...
The CCI should be more coherent and enterprising, Deeksha Manchanda and Shruthi Rao, Chandhiok & Mahajan

The CCI should be more coherent and enterprising

By Deeksha Manchanda and Shruthi Rao, Chandhiok & Mahajan
The competition regime permits assessments of allegations of abuse of dominance against an enterprise under section 4 of the Competition Act, 2002 (act).  An enterprise is liberally defined in the act to include a...
India shifts its focus in maritime arbitration, Gautam Khurana and Pankaj Kapoor, India Law Offices

India shifts its focus in maritime arbitration

By Gautam Khurana and Pankaj Kapoor, India Law Offices
Shipping is widely recognized as the first truly global industry, no longer limited to coastal countries. With the horizons of India’s vision of world trade widening, the resolution of shipping and maritime disputes will...
The conundrum of third-party security holders, Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners

The conundrum of third-party security holders

By Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners
Much has been said about the obligation of a third-party security provider when a borrower enters the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC). Under a financing transaction,...
Constitutional validity of amended IBC Act upheld

Constitutional validity of amended IBC Act upheld

The Supreme Court recently upheld the constitutional validity of sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act, 2020, in Manish Kumar v Union of India and connected cases. Section 3...
Issue of unstamped arbitration agreements still in question

Issue of unstamped arbitration agreements still in question

The Supreme Court recently split open another issue that was previously considered settled – the enforceability of an arbitration agreement incorporated in an unstamped contract. The decision of the Supreme Court was given recently...
Pledging shares does not create a financial creditor, Shweta Bharti and Nitesh Sachdeva, Hammurabi & Solomon_

Pledging shares does not create a financial creditor

By Shweta Bharti and Nitesh Sachdeva, Hammurabi & Solomon
In Phoenix Arc Pvt Ltd v Ketulbhai Ramubhai Patel, the Supreme Court held that a creditor cannot be a financial creditor on the basis of a pledge agreement unless that agreement contains an undertaking...
Disincentives to foreign investment in non-personal data, Asim Abbas and John Simte, L&L Partners

Disincentives to foreign investment in non-personal data

By Asim Abbas and John Simte, L&L Partners
Global internet-based companies have invested greatly in systems that allow them to harvest and monetise non-personal data. Their incentives to do so in India may soon be reduced. The Committee of Experts on Non-Personal...
Driver’s seat

Driver’s seat

The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed. Akaant KM reports Unprecedented times...
M&A tax takeaways

Tax takeaways

While tweaks to the tax regime announced in the budget may not have grabbed headlines, they will have a discernible impact on mergers and acquisitions. Amit Singhania and Gouri Puri report   Treading on the...
WhatsApp case shows need for data privacy law

WhatsApp case shows need for data privacy law

The Supreme Court may have come down heavily on WhatsApp over the proposed change in its privacy policy, but uncertainty brews as to whether the top court can force the US messaging service to reverse...
With a rise in corporate misdeeds, the courts and the parliament are responding by necessity to the definition and treatment of executive liability in India

Businesses behaving badly

With a rise in corporate misdeeds, India's courts and parliament are rethinking the definition and treatment of executive liability, writes Vikramaditya Khanna India’s economic rise has been accompanied by greater revelations of corporate wrongdoing. Whether...
Full disclosure of working methods may be required, DPS Parmar, LexOrbis

Full disclosure of working methods may be required

By DPS Parmar, LexOrbis
The requirement for the grant of a patent is the full and public disclosure of the invention. This follows from the public policy of allowing public use of the invention after the expiry of...
The committee of creditors and its commercial wisdom, Sonam Gupta, Sneha Jaisingh and Divyam Sharma, Bharucha & Partners

The committee of creditors and its commercial wisdom

By Sonam Gupta, Sneha Jaisingh and Divyam Sharma, Bharucha & Partners
The Insolvency and Bankruptcy Code, 2016 (code) was enacted to enable corporate insolvency resolution of financially stressed corporate debtors in a time bound manner, so as to maximise the value of their assets. The...
Manchanda joins partnership at Chandhiok

Manchanda joins partnership at Chandhiok

Deeksha Manchanda has been inducted into the partnership of Chandhiok & Mahajan. Previously a counsel at the firm working in the competition and regulatory practice areas, Manchanda specializes in advising clients on all aspects of...

Future legal leaders

Future Legal Leaders 2024 Future Legal Leaders 2023 Future Legal Leaders 2022 India Business Law Journal reveals 50 up-and-coming lawyers who are making a name for themselves in the profession Access The List In a year...
India Business Law Journal

Wisdom for a new year

Look very carefully before you leap As the recent furore about WhatsApp’s plans to update its privacy policy suggests, the devil can lie in the detail. Many among WhatsApp’s whopping 1.5 billion users have voted with...
Crypto-crossroads

Crypto crossroads

Much like its value, the regulatory journey of bitcoin has had its ups and downs in India. With the recent jump in value, how will regulators react? Sourish Mohan Mitra reports Trading in bitcoins has...
India law firms- deals of the year 2020video

Deals of the Year

Deals of the year 2022 Deals of the year 2021 Deals of the year 2019 Deals of the year 2018 Deals of the year 2017 Deals of the year 2016 Deals of the year 2015 Deals of...
Enforcing foreign awards involving only Indian parties, Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Enforcing foreign awards involving only Indian parties

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
The Gujarat High Court in GE Power Conversion India Pvt Ltd v PASL Wind Solutions Pvt Ltd decided whether two Indian parties could choose a foreign seat of arbitration, and then be entitled to...
_SC-expands-role-of-informant-under-Competition-Law-

SC expands role of informant under Competition Law 

In a noteworthy judgment pronounced by the Supreme Court, the locus standi (right or capacity to bring an action or to appear in a court) of a person as an informant in matters pertaining...
Moratorium on new law colleges held ‘unconstitutional’

Moratorium on new law colleges held ‘unconstitutional’

The Punjab and Haryana High Court, in its judgment on 4 December 2020, passed in a writ petition filed on behalf of Chandigarh Education Society, set aside the resolution dated 11 August 2019, passed...
Homeowners can file proceedings under Consumer Protection Act

Homeowners can file proceedings under Consumer Protection Act

The Supreme Court, in its judgment in M/S Imperial Structures Ltd v Anil Patni and another  on 2 November 2020, held that the Real Estate (Regulation and Development) Act, 2016 (RERA Act), did not...
Argus recruits disputes partner

Argus recruits disputes partner

Disputes lawyer Udit Mendiratta has joined Argus Partners as a partner from Shardul Amarchand Mangaldas & Co (SAM), where he had worked since July 2019.  Mendiratta has more than 10 years of experience handling corporate...
Breach of natural justice not always fatal, Karthik Somasundram and Sneha Jaisingh

Breach of natural justice not always fatal

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
The principles of natural justice, particularly the right of all parties to be heard, have been much debated in the courts. Recently, the question of whether a breach of this right will automatically vitiate...
NITI brings reality to the fantasy industry, Vaibhav Kakkar and Paayas Pandit

NITI brings reality to the fantasy industry

By Vaibhav Kakkar and Paayas Pandit, L&L Partners
The National Institution for Transforming India (NITI Aayog, a government think tank) has released a discussion paper on the regulation of online fantasy sports platforms. It comes at a crucial time. The gaming sector...
Gambling laws- Interpretations and issues, L Badri Narayanan and Gopal Machiraju

Gambling laws: Interpretations and issues

By L Badri Narayanan and Gopal Machiraju, Lakshmikumaran & Sridharan
The Public Gambling Act, 1867 (Gambling Act), enacted prior to the constitution is the central law governing gambling in India. While under entry 34 of list II of schedule VII of the constitution, “betting...
Right to property trumps economic expropriation, Vishrov Mukerjee and Yashaswi Kant

Right to property trumps economic expropriation

By Vishrov Mukerjee and Yashaswi Kant, J Sagar Associates
In the modern economy, property is conceptually dynamic with varying meaning in different contexts. Legally, whatever the nature of property, such as movable, immovable, tangible or intangible, every type is covered by the right...
SC weighs in on flight tickets cancelled during lockdown

SC weighs in on flight tickets cancelled during lockdown

The Supreme Court (SC) announced its decision in four connected writ petitions in a public interest litigation. It had to deal with the issue of providing full refunds for tickets of flights cancelled in wake...
India-top-100-lawyers-A-List-2020-cover-image

The A-List 2020

India Business Law Journal reveals the country’s most recommended lawyers and legal icons ACCESS THE A-LIST 2020 Each year, the A-List seeks to recognize India’s most outstanding lawyers. This year required the country’s top lawyers to...
Glitigation financing unjan Shah,Karun Prakash, Shardul Amarchand Mangaldas & Co.

Key considerations and issues of litigation financing in India

By Gunjan Shah and Karun Prakash, Shardul Amarchand Mangaldas & Co.
Litigation financing or the monetization of claims has not often been used as a method of fund raising by companies in the past. However, the liquidity constraints that they face because of the covid-19...
online gaming shardul amarchand & mangaldas co

The stakes are raised in online gaming

By Puja Sondhi and Aayush Kapoor, Aakanksha Dalal, Shardul Amarchand Mangaldas & Co
Amid recent reports of suicides in the state (allegedly on account of financial losses suffered in online games), the Tamil Nadu government promulgated an ordinance on 20 November 2020 to “ban online gaming”. The...
Trademark lexOrbis manisha singh

Use or lose your trademark, your choice

By Manisha Singh and Simran Bhullar, LexOrbis
Brand owners often face the choice of being a prior owner or a prior user of a trademark. It is not always the prior owner of a mark who succeeds in getting the support...
Tax kochhar & Co

No tax on foreign companies if no core activity

By Shahid Khan, Kochhar & Co
Double tax avoidance agreements (tax treaties) made with various countries provide that business income of an enterprise which is a tax resident of a foreign country is taxable only if it has or is...
specific performance Karthik Somasundram,Sneha Jaisingh,Bharucha & Partners

Specific performance demands that equity be done

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Prior to the 2018 amendment to the Specific Relief Act, 1963 (SRA), removing the discretion of the courts to grant specific relief, it had long been argued that the passage of time and the...
INTAvideo

Reimagining INTA

Etienne Sanz de Acedo Click here to watch the full-length video Etienne Sanz de Acedo, the head of the International Trademark Association, talks to India Business Law Journal about the decision to postpone this year’s Annual Meeting...
Price fluctuations Contract

Specific mention of price fluctuations is needed in contracts

The Supreme Court in a recent judgment upheld the order of the Gauhati High Court, setting aside an award passed by the arbitral tribunal that was based on an impossible interpretation of a contract. In...
Vodafone

Government mulls options after Vodafone dispute win

In a decade-long battle between the British Vodafone Group and the Indian tax department, the telecom giant emerged victorious before the Permanent Court of Arbitration (PCA) at The Hague. It was held that the...
law firms crisi point

Crisis point

Enduring one of the most challenging periods in their lives, lawyers tell India Business Law Journal how their firms have been managing and how the violent disruption of the pandemic is forcing change. Gautam...
Freny Patel reports, Vodafone,Indian government

Billions on the line

Vodafone may have won the day after a favourable arbitration result cut off India's claim to massive back taxes, but will this crucial award remain unchallenged when so much more is at stake? Freny...
virtual courts online dispute resolutions

All rise

Advocates and court administrators are navigating the technology and direction of virtual courts like never before, but is enough being done to make these forums smooth and accessible? Vandana Chatlani reports. The debate on how...
Karthik-Somasundram,-Sneha-Jaisingh,-Bharucha-&-Partners adverse possession

Claims of title and adverse possession are inconsistent

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
The issue before the Supreme Court in the case of Narasamma & Ors. v A. Krishnappa was whether coexisting pleas of good title and adverse possession are inconsistent. The respondent, the original plaintiff, had permitted...
S&R promotions include new disputes partner, Shahezad Kazi

S&R promotions include new disputes partner

S&R Associates has promoted disputes counsel Shahezad Kazi to the firm’s partnership. Kazi is the second disputes partner at the firm, along with Niti Dixit, who heads the practice. Kazi is based in Mumbai and...
real estate developer

‘One-sided’ developer agreement overturned

The Supreme Court, while discussing the delays in the completion of real estate projects in Wg. Cdr. Arifur Rahman Khan and Aleya Sultana v Begur OMR Homes Pvt. Ltd, overturned an order of the...
healthcare medicine

Court takes stand on inadequate healthcare

The Supreme Court in a recent order in the case of Sachin Jain v Union of India, while hearing the writ petition dealing with the commercialization of healthcare, reprimanded the lethargic attitude of state...
Arbitration-award-against-Jackie-Shroff-set-aside

Arbitration award against Jackie Shroff set aside

In a recent judgment in the case of Jackie Kukubhai Shroff v Ratnam Sudesh Iyer, Bombay High Court, while allowing the petition filed by actor Jackie Shroff, set aside the award passed against him...
Aatma Nirbhar Bharat Abhiyaan, Disinvestment

Destination disinvestment?

Selling off public sector enterprises could be the key to strengthening a sluggish economy, writes Subir Bikas Mitra. Will a new privatization drive succeed where earlier attempts have failed? Aatma Nirbhar Bharat Abhiyaan (ANBA), which...
arbitrators litigation alternative dispute resolution

Evolving doors

A reluctance to opt for litigation during the pandemic has seen new opportunities for arbitrators and other alternative dispute resolution practitioners. Shalvi Mehta assesses what should stay and what should go Covid-19 and the subsequent...
Shweta Bharti and Shantanu Malik,Hammurabi & Solomon awards enforcement

No rewards for challenging awards in post-hearing stage

By Shweta Bharti and Shantanu Malik, Hammurabi & Solomon
The Arbitration and Conciliation Act, 1996, governs the enforcement of foreign arbitral awards. The act essentially consolidated laws relating to arbitration and the enforcement of awards that resulted from the accession to the New...
Karthik Somasundram,Shreya Gupta,Bharucha & Partners,Electronic evidence

SC brings consistency to electronic evidence

By Karthik Somasundram and Shreya Gupta,Bharucha & Partners
In the case of Anvar PV v PK Basheer & Ors, the Supreme Court ruled that a certificate under section 65B(4) of the Indian Evidence Act, 1872 (act), was mandatory to prove an electronic...
Anush Raajan,Swastika Chakravarti,Lakshmikumaran & Sridharan

Guarantors may be vulnerable to pandemic default risks

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
The government recognised the economic impact of covid-19 on businesses by enacting the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020. The ordinance, among other measures, inserted section 10A into the Insolvency and Bankruptcy Code,...
Justice Prathiba M Singh delhi courts

The courts fight back

In a very short span of time India’s courts have adapted to working during the pandemic, and the lessons learned during this time will be used to increase efficiency and productivity of the judicial...

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