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Tag: Supreme Court

Debate on section 141 of NI act

The world of commercial transactions contains numerous unique intricacies, many of which are yet to be statutorily regulated

Enforcing integrity

Insolvency board makes greater use of enforcement mechanisms to ensure compliance with the bankruptcy code

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

‘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

References not enough to compel arbitration

Where there is merely a possibility of the parties agreeing to arbitration in the future, in contrast to an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement

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

When in doubt, arbitrate

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 contract that require detailed interpretation

Solving the problem of interest and insolvency

As the IBC clearly differentiates between financial debt and operational debt obligations, the question becomes whether interest can be included in both these types of debt for the admission of a company into insolvency under the IBC

Supreme Court’s Vidarbha ruling undermines India’s insolvency law

By Shardul Shroff and Misha, Shardul Amarchand Mangaldas & Co

Questions arise over restricting ‘sale of pledged shares to self’

By Aniket Sawant and Aanchal Gujrani, SNG & Partners

Perverted priorities

The government and its relationship with the privacy of citizens has always been disproportional

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

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 of probabilities”

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

Departing IT staff getting tied up with non-compete clauses

With many IT employees offered huge salary hikes and perks from competing firms amid soaring global demand for IT services

Sale to self of pledged securities not legal

By Karthik Somasundram and Khyati Mehrotra, Bharucha & Partners

Maintaining momentum

Massive infrastructure development and liberalisation of overseas investment have boosted the Philippines’ competitiveness, but the pandemic has changed everything. What will a newly elected government mean for business-related legal reform?

Watching the watchers

New roles of intermediaries place them under the microscope of capital market regulation

Traversing IP regime in time of war and crisis

By Tusha Malhotra and Yamini Jaswal, Anand and Anand in New Delhi

Challenges resolving insolvencies of personal guarantors under IBC

By Saurav Panda and Ahkam Khan, Shardul Amarchand Mangaldas & Co

Price of protection

Countries around the world are strengthening their data protection regimes given the rise in data breaches and the growing need to regulate how businesses use and process sensitive data

Court acts on reassessments

Supreme Court Justices MR Shah and BV Nagarathna passed a slew of directions for reassessment notices

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

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

Supreme Court rules that SEBI must disclose

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners

Regulating crypto assets

The past decade has seen extraordinary growth in technological innovation

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

Mohini V enters Remfry’s equity partnership

IP disputes specialist Mohini V has joined Remfry & Sagar as an equity partner

Impact of NCLAT judgment on development financial institutions

By Soummo Biswas and Shivani Sinha, Shardul Amarchand Mangaldas & Co.

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 a gold smuggling charge

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 High Court after the banks challenged the jurisdiction of the Competition Commission of India (CCI) in April this year

Improper communication in M&A leads to trouble

By Iqbal Khan and Ambarish, Shardul Amarchand Mangaldas & Co.

Private client models enter the modern world

By Rishabh Shroff and Chirag Shah, Cyril Amarchand Mangaldas

First-to-file takes centre stage in Philippines

By Mila Federis, Federis & Associates

No escape

By Freny Patel

Among many things, the ongoing Russia-Ukraine war has put the spotlight on cryptocurrency. It is gaining global acceptance based on the sheer volume of donations flooding into war-torn Ukraine in the form of cryptocurrency, largely to finance military support. The virtual digital asset class is no longer seen as a shady “black-market” transaction owing to reliance upon it in this geopolitical and humanitarian crisis

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 Katti

Meta ready to throw in towel

By Freny Patel

Limited challenge to foreign arbitral award enforcement

By Karthik Somasundram and Bhavi Vora, Bharucha & Partners

Open access to electricity becoming a reality

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors

The legality of games of skill

By Suhaan Mukerji, PLR Chambers

Burning question

Party autonomy now rules in arbitration law

By Shaneen Parikh and Shalaka Patil, Cyril Amarchand Mangaldas

The committee of creditors and its commercial wisdom

By Sonam Gupta, Sneha Jaisingh and Divyam Sharma, Bharucha & Partners

Changes to expect in fintech with digital KYC

By Shilpa Mankar Ahluwalia and Himanshu Malhotra, Shardul Amarchand Mangaldas & Co

Supreme Court settles turf war between TRAI and CCI

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Supreme Court upholds constitutional validity of IBC

By Abhishek Dutta, Vineet Shrivastava and Manish Parmar, Aureus Law Partners

Supreme Court: Place of arbitration not always seat

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

In sickness & health

Transformative thinking

Supreme Court validates two-tier arbitration process

By Vivek Vashi and Utkarsh Srivastava, Bharucha & Partners

Revamp of Supreme Court to trim backlog and costs

By Vivek Vashi and Krishnendu Sayta, Bharucha & Partners

Review after dismissal of special leave petition?

By Vivek Vashi, Bharucha & Partners

Applying part I of the Arbitration Act globally

By Vikas Goel and Neha Goyal, Singhania & Partners

Punitive v predetermined damages

By Vivek Vashi, Bharucha & Partners

SC validates assignment of debt between banks

By Ameya Khandge and Vardaan Ahluwalia, Trilegal

Judgment settles debate on enhanced compensation

By Vivek Vashi, Bharucha & Partners

High court powers in criminal cases clarified

By Vivek Vashi,Bharucha & Partners

Civil and criminal cases can proceed simultaneously

By Vivek Vashi,Bharucha & Partners

Arbitration agreements require careful drafting

By Vivek Vashi,Bharucha & Partners

Analysing restrictions on the transfer of shares

By Harry Chawla and Chandrasekhar Tampi,Amarchand & Mangaldas & Suresh A Shroff & Co

Overview shows trend to extend broadcasters’ rights

By Abhai Pandey,Lex Orbis IP Practice

Censorship must balance protection and freedom

By Rahul Chaudhry,Lall Lahiri & Salhotra

Arbitral award challenges must be filed on time

By Ranbir Krishan and Krrishan Singhania,Singhania & Co

Banks await final judgment on loan portfolio trading

By Karan Singh and Ameya Khandge,Trilegal

Fighting patent trolls: predators of the IP world

By TS Sharat,Clairvolex Knowledge Processes

Cases clarify jurisdiction in composite IP suits

By Abhai Pandey,Lex Orbis IP Practice

Supreme Court decision settles double tax question

By Sumes Dewan, KR Chawla & Co

Financing gambling operations not easy

By Sanjay Asher and Bhumika Batra,Crawford Bayley & Co

LATEST ON VANTAGE ASIA

investigation orders in IP litigation

IP owners should use investigation orders to defend their rights

By Chen Jian, Sanyou Intellectual Property Agency
Arbitration ecosystem

Institutions must step up to protect arbitration ecosystem

By Donna Huang, International Chamber of Commerce
India exclusion clauses

Exclusion clauses may not exclude everything

By Faranaaz Karbhari and Akriti Shikha, HSA Advocates
India's problem with cybersecurity rules

Who’s listening?

Are industry calls to tone down cybersecurity directives being heard?

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Tax relief financial institutions

Tax relief for financial institutions in disposal of non-performing asset claims

By Wang Zhenxiang, Jingtian & Gongcheng
Global investment trendsvideo

Keymasters

A GC’s guide to global investment trends

tech companies issuing DR sharesvideo

Tech companies favoured in issue of DR shares

By Swathi Girimaji and Varsha Singh, Bharucha & Partners
Algeria new Investment Law

Overview of bright spots in Algeria’s new Investment Law

By Wang Jihong and Wu Peng, Zhong Lun Law Firm

Correspondents

Game changer for trade secret infringers

Article 32 a game changer for trade secret infringers

By Chen Zhixing and Lan Manfeng, AnJie Broad Law Firm
IBC valuationsvideo

IBC valuations may spike with proceeds of avoidable transactions

By Karthik Somasundram and Khyati Mehrotra, Bharucha & Partners
tech companies issuing DR sharesvideo

Tech companies favoured in issue of DR shares

By Swathi Girimaji and Varsha Singh, Bharucha & Partners
India takeover code

Poison pills give immunity from hostile takeovers

By Soumya De Mallik and Prithviraj Chauhan, HSA Advocates

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