CATEGORIES

The Rise And Fall Of The SKB Shutters Case

In 2015, the Federal Court in the SKB Shutters case ruled that the validity of a dependent claim will automatically fall upon the substantive finding of invalidity of its independent claim (“the SKB Shutters Ruling”)

Royalty Rights And Off Beam Praxis

The Copyright Act, 1957 aims to encourage talent and make copyrightable works available to the public at large by striking a balance between the interests of all the stakeholders involved therein

To Optimize Belt And Road Initiative And To Minimize Risks

Collaboration with China, as long as it is managed by referring to the rules of thumb is a golden opportunity for Indonesia

OF DoT, TELECOM TIGERS, REVENUE SHARING & HON SUPREME COURT RULING

The Government should be well advised not to fall into the vortex and enforce the law of the land to protect the taxpayers’ and exchequer’s money and in compliance with the Hon’ble Supreme Court Judgment, Central Government must recover its dues within the time specified by the Hon’ble Supreme Court

S'Pore Incorporates Uncitral Law In Debt Restructuring

Singapore also enacted legislation based on the UNCITRAL Model Law on Cross-Border Insolvency as part of the enhancements to its debt restructuring and corporate rescue framework that were introduced in 2017

Morgan Stanley Real Estate Investment Led By AZB & Partners In Their Stake In Pragati Group

Investment funds managed by Morgan Stanley Real Estate Investing (“MSREI”), the global private real estate investment management arm of Morgan Stanley Investment Management, has purchased a controlling stake in a warehousing development project being developed by Pragati Group.

Crypto Regulation - Where Are We Now?

With appropriate regulation, virtual assets offer significant advantages as a payment method and an inclusive fund raising means for SMEs

Evolution Of IBC An Ongoing Process

Despite facing its share of challenges, the IBC has been a step in the right direction in order to create a robust debt market in India

The IBC In 2019

Not only has the 2019 Amendment closed the loop on a lot of open/ contentious issues, it will be remembered as an example of swift action on the part of the legislature in protecting the basic tenets of the law

Tax Refund Of Renewable Energy Developers

The Renewable Energy Law has been passed in the Philippines which encourages stakeholders to develop and build facilities that will produce renewable energy

Convertible Notes Developing Trends

Since convertible notes are only permitted to be converted into ordinary equity, foreign investors continue to prefer instruments such as CCPS or CCDs which can be designed to carry preferred rights and returns

Principles Of Swiss Criminal Procedure

Given the imbalance of power between prosecutors and persons involved, the principle of equality of arms is at the center of the criminal process.

Personal Information Protection Laws In Thailand

In the age of social media, it would be advisable for the companies to establish internal rules that prevent and restrict their employees or contractors from disclosing and handling, as well as limiting their access to, sensitive information.

Rent-To-Own Scheme Exclusive to Dubai Freehold Area

The rent-to-own scheme gives an edge to developers by offering them the opportunity to sell their present properties instead of having them sit on the market, pulling down market prices, particularly when supply stays high and demand is restricted.

Minimum Public Shareholding Norms In India, Is It Time For Change?

One of the Big-bang Proposals in the Union Budget Was for the Sebi to consider increasing minimum Public Shareholding Requirement in Listed Companies to 35 Per Cent.

Recent Developments In The Law On Liquidated Damages in Malaysia

The operative paragraph of section 75 of the Malaysian Contracts Act, 1950, is identical to section 74 of the Indian Contract Act, 1872…

Indian Business Leaders Move Beyond Trade War To Take Ambitions Global

Increasingly, Indian companies are finding South East Asia the new land of opportunity, as are executives from other parts of the region.

India–Japan's Digital Partnership: Data Privacy Perspective

When Prime Minister Narendra Modi visited Japan in October 2018, an “India-Japan Digital Partnership” (I-JDP) was launched…

Icarus' Melting Wings - Turbulence in Aviation in India

The collaboration between Rahul Bhatia and Rakesh Gangwal hit an Air Pocket Mid-2019…

Brazilian Data Protection Law and Its Impact on Compliance

The data protection law was largely inspired in the European General data protection regulation (GDPR)’s model, but it has some tropical particularities.

Remember That a Job Well Done is a Reward in Itself - Legal Era, in an Exclusive Interview With K. S. Suresh

After Spending Over Seven Years at the Bar in Coimbatore, Covering a Wide Spectrum of Civil Law Work Both in Litigation and Transactions, K. S. Suresh Joined ITC in 1990. ITC is an Indian Conglomerate With a Diversified Presence in Fast-moving Consumer Goods, Hotels, and Other Businesses. Presented With the Opportunity to Independently Handle an ‘exciting’ Variety of Work, Touching Almost Every Branch of the Law, K. S. Suresh Rose Through Ranks Becoming ITC’s General Counsel in 1998. With Wide Ranging Expertise and Experience in Corporate Laws as Well as Litigation, He Has Guided Many Important Legal Issues to Successful Resolution for the Company.

Corporate India Saved - Setting Aside The FTIL-NSEL Merger Order

Recently, the Apex Court order set aside a Bombay High Court judgment approving the merger of crisis hit NSEL with parent company, 63 Moons Technologies Limited, formerly known as FTIL, in public interest under Section 396 of the Companies Act

Effect Of An Unstamped Contract On An Arbitration Clause

The Garware Case is definitely a welcome judgment in many ways, not the least of which is that it clarifies that in the event of an unstamped agreement, an arbitration agreement cannot have an independent existence

Popular Misconception On Contributions Under The Employees' Provident Fund Law

The object of the EPF Act must be remembered before making any change to the contributions payable to the Provident Fund. The EPF Act was never intended to cause hardship to an employee in the present

Recovering Misappropriated Assets – The English Route To Asset Recovery

The English Courts are taking a proactive approach that assists Claimants dealing with fraudsters taking advantage of changing technologies

Data Security And Compliance How Far Would You Go?

How should companies go about ensuring that their compliance set-up and security are adequate as far as their own and customers’ confidential and business data and involvement of third parties is concerned.

Anti-Profiteering Provision Under GST And Its Effectiveness

As the anti-profiteering provision under the CGST Act and Rules suffers from the ‘vice of excessive delegation’ and is vulnerable to be struck down as unconstitutional, assessees need to evaluate all options and calibrate their strategy to contest any anti-profiteering-related challenges/investigations

Amazon Scouting For An Off-Line Partner In India

While fears of a retail invasion by the two giants, Walmart and Amazon, continue to haunt domestic retailers in India, the probable merger of Japan’s SoftBank and China’s Alibaba, giving rise to a third player, has given a ray of hope to small retailers in the online space at least

Third-Party Litigation Funding: Is India Ready For It?

At the outset, let me clarify that contrary to popular belief, third-party litigation funding is not prohibited in India.

Fast-Tracking Commercial Disputes: A Reality Or Distant Dream?

Are present laws providing enough impetus to deal with the long-standing menace of pendency of cases