Doctrine Of Separability And Its Multi-Faceted Approach

An arbitrator is the creature of an agreement between the parties, i.e. arbitration agreement, and draws his powers and jurisdiction from it. This makes the survival of an arbitration clause a sine qua non for the validity of any arbitration proceedings. In the realm of arbitration, there may come a situation when the main contract become invalid, consequently, resulting in the invalidity of the arbitration clause which was embedded in the main contract itself. If such argument would be...

Enforceability Of Judgement Of US Courts In India - A Perspective From Sarah Luke And Adidas Cyber Case

According to Merriam Webster, cyber-attack refers to as “an attempt to gain illegal access to a computer or computer system for the purpose of causing damage or harm.” Cyber attackers attempt to capitalise on human or security flaws in order to directly steal passwords, data, or money. Most prevalent being: hacking includes theft associated with social media and email passwords; phishing - the practise of sending fraudulent emails requesting sensitive information and personal information and...

Delhi High Court Orders Quashing Of CCI Proceedings In Ericsson And Monsanto Cases

Delhi High Court, vide its judgment dated 13.07.2023, which is expected to have significant and positive ramifications across the industry, has quashed the CCI investigations into allegations of abuse of dominant position against Ericsson and Monsanto emanating from acts of exercising patent rights. Ericsson’s Case - A Deep Dive Ericsson holds a huge portfolio of Standard Essential Patents (SEPs)[i] related to telecom technologies such as 2G, 3G, etc. which are standardised by Standard...

The Influencing Industry: Balancing Power, Ethics, and Protection

Social media influencers significantly influence consumer choices, but the rise of incorrect advice and misleading information raises concerns. Blindly following influencers can have adverse consequences, highlighting the need for research and guidance. Regulatory measures and guidelines promote transparency and protect consumers. Influencers must prioritise disclosure, clear communication, due diligence, and understanding of consequences. By adhering to policies, influencers contribute to a...

‘Advance Medical Directive’ Or ‘Living Will’- Decoded

The unpredictability of life during the COVID 19 pandemic that affected almost all countries around the world, reinforced the requirement and created an awareness among people about the importance of succession planning and writing their Wills well in time. A Will is a document whereby a testator devises the bequest plan of his estate which comes in effect upon the demise of the testator. In contrast, an advance medical directive commonly known as ‘Living Will’, which has gained ground...

Intricacies Of Insolvency And Bankruptcy Code: The Need For Amendments

If one takes a more pragmatic and consicable perspective, one will agree that liquidation of a company is a path of last resort with significant socio-economic and socio-political impact, that should be avoided, at all costs. It has been nearly seven years now since Kingfisher Airlines went into liquidation, but several former employees still claim that they haven’t received their dues and so do some financial institutions.The objective behind the creation of the Insolvency and Bankruptcy Code...

Can “I.N.D.I.A.” Be Registered As Name Of Political Party/ Alliance?

While the formation of political alliance of opposition parties “I.N.D.I.A.” (Indian National Developmental Inclusive Alliance) has stirred politics and political landscape in India, it has also opened the pandora’s box and created a furore about the registrability or use of name of a political alliance as I.N.D.I.A[1]The whole cacophonous debate compels to ponder whether the 26 political parties while deliberating on the united strategy overlooked laws pertaining to improper use of certain...

Are The Exemptions Prescribed Under Copyright Law Really Being Enforced? Here's What You Need To Know!

It is time to play the musical instruments louder. Not for marriage or any event, but for the notification issued by the Department of Promotion of Industry and Internal Trade (DPIIT) in the Ministry of Commerce & Industry. DPIIT, on 24th July 2023, released a public notice in the context of several complaints received about the alleged collection of royalties by the Copyright Societies for playing musical works, sound recording etc. in marriage functions.The public notice cautions the...

Bar Of Input Tax Credit On Construction Activities – Does It Sustain Even When The Expenses Are Written Off Instead Of Being Capitalised In The Books Of Accounts?

While ITC is available to an assessee registered under GST law, in respect of goods and services used in the course of business or for furtherance of business, certain credits are blocked and are not eligible for availment. One such restriction is provided under Section 17(5)(c) and (d) of the Central Goods and Services Tax Act, 2017 (‘CGST Act’) in respect of goods and services procured for ‘construction of an immovable property’. The relevant extract of the provision reads as:“17(5)...

Enforcement Of Arbitral Awards In India: The Paradox

The Arbitration and Conciliation Act, 1996 (“the Arbitration Act”) is like that scripture that never stops giving. Every time you read it, you discover a new meaning, a new interpretation and a new paradox. Speaking of paradoxes, it is a fact that success of any dispute resolution system largely depends on the effectiveness of the enforcement mechanism provided in it. The Arbitration Act provides that an arbitral award will be enforced “in accordance with the provisions of the Code of Civil...

Guidelines On First Loss Default Guarantee: Brief Summary And Takeaways

Preface and regulatory developmentsWith increased penetration of internet and technological innovation, there has been a surge of FinTech players. Especially in digital lending space, there has been an increased reliance placed by the regulated entities (i.e., the banks and non-bank financial companies who are permitted to carry out lending business) (“RE”) upon third party lending service providers (“LSPs”). The LSPs (mostly unregulated) are essentially technology-centric entities which have...

CIRP: Preparation Of A Resolution Plan And Its Approval

The object of the Insolvency and Bankruptcy Code, 2016 (“the Code”) is to provide an institutional framework for resolving debt-ridden companies, partnerships and individuals through a time bound process.In the case of a company, an application can be filed by a creditor under Section 7 / 9 of the Code or by the company in distress, i.e., corporate debtor, under Section 10 of the Code before the National Company Law Tribunal (“NCLT”) for initiating the Corporate Insolvency Resolution Process...