CATEGORIES

If You Think Positive Covid Is A Big Opportunity

Senior Vice President and Head of Legal, ESSAR CAPITAL, Badrinath Durvasula, holds forth on his professional journey, the essence of leadership, working from home, books and more…

PROJECT DEVELOPMENT

JOINT VENTURE TRANSACTIONS

NEW ARBITRATION RULES

PUBLISHED BY THE LONDON COURT OF INTERNATIONAL ARBITRATION (LCIA) AND INTERNATIONAL CHAMBER OF COMMERCE (ICC)

M&A in the time of COVID and beyond

What is clear for those engaging in cross-border M&A is that countries around the world are becoming increasingly protective of their economies and industries, with new rules being introduced and existing rules being more widely applied

SWITZERLAND A DIFFERENTIATED APPROACH TO FRAUD

Swiss law interprets the offense of fraud in a special way where in addition to the characteristics of deception and damage as known in many jurisdictions, a qualified lie, i.e. a malicious approach, is required

JOINT VENTURE DISPUTES MEDIATING

Mediation has shown itself to be a powerful tool for bringing a speedy and effective end to crossborder disputes while preserving the commercial relationship between them.

Recognition of HONG KONG INSOLVENCY PROCEEDINGS IN MAINLAND CHINA

A TEST CASE IN THE MAKING?

CONFIDENTIALITY IN ARBITRATION: RECENT DEVELOPMENTS IN SINGAPORE

Two recent developments in Singapore case law and legislation reflect a willingness to preserve confidentiality related obligations in all arbitrations

ESSENTIAL GOODS SERVICES UNDER IBC

WHAT DOES IT ESSENTIALLY MEAN?

A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE

A LOOK AT THE KEY CHANGES PRESIDENT-ELECT BIDEN IS LIKELY TO MAKE ONCE HE TAKES OFFICE

PAYPAL TO ALLOW CRYPTOCURRENCIES AFTER OBTAINING A NEW YORK LICENSE

PayPal has decided to embrace cryptocurrencies and will soon offer its customers in the United States (U.S.) the ability to buy, hold, sell, and use various virtual currencies. The company has obtained a New York license allowing it to do so.

YOU HAVE A PATENT WHAT NEXT?

Getting a patent granted is not an end in itself but most patentees do not realize that

PROCEEDINGS AGAINST PERSONAL GUARANTORS IN NCLT CURRENT SITUATION

Presently, the simultaneous commencement of insolvency proceedings by the lender against the corporate debtor and the corporate guarantor(s) faces a roadblock on account of the NCLAT order in the matter of Dr. Vishnu Kumar Agarwal v. Piramal Enterprises Limited (“Piramal matter”)

PARENTAL ALIENATION

India Joins Family Courts Around the World to Fight Child Emotional Abuse

SC REFUSES TO ADMIT PETITION FILED BY CCI IN THE CASE OF AMAZON AND FLIPKART; DIRECTS KARNATAKA HC TO DECIDE THE PLEA WITHIN 6 WEEKS

The Supreme Court refused to entertain a petition filed by the Competition Commission of India (CCI) seeking vacation of stay as directed by the Karnataka High Court against its order calling for an inquiry into the alleged anticompetitive practices engaged in by Flipkart, Amazon and others.

INDIA LABOR & EMPLOYMENT LAWS OVERHAUL

With a more pragmatic approach along with an endeavor to better India’s ease of doing business position, the Codes aim to achieve much-needed reforms to bring the labor laws of India in tune with the current requirements of employer - employee relationship, compliance standards, rendering the labor law regime a more workable and less cumbersome

Parties may not seek discovery in USA in aid of FOREIGN-SEATED ARBITRATIONS

A CIRCUIT SPLIT HAS EMERGED OVER THE USE OF SECTION 1782 TO OBTAIN DISCOVERY IN AID OF PRIVATE COMMERCIAL ARBITRATIONS SEATED OUTSIDE THE UNITED STATES...

DON'T BE JUST A LAWYER BE A CITIZEN LAWYER!

IN AN EXCLUSIVE INTERVIEW WITH LEGAL ERA MAGAZINE, DEV BAJPAI, EXECUTIVE DIRECTOR - LEGAL AND CORPORATE AFFAIRS & COMPANY SECRETARY - HINDUSTAN UNILEVER, EXTOLS THE VIRTUES OF TRANSPARENCY, INTEGRITY, FAIRNESS AND GOOD GOVERNANCE

CORPORATE INSOLVENCY RESOLUTION PROCESS POST COVID-19 CASE FOR A CARVE-OUT IN IBC FOR RESOLUTION APPLICANTS ON ACCOUNT OF FORCE MAJEURE EVENT?

Although “maximization of value” is one of the main objectives of IBC, it is equally important to ensure that a company is not liquidated for lack of investors/resolution applicants in view of a force majeure event

Continuous UPSKILLING THE ROAD FROM LLM TO CS

It is never too late to add to your knowledge or skills or learn something totally new… Read on to know…

Reformation Of Construction Law In India

A unified construction law could be based on a consolidation of the various statutes as also borrow from some of the best practices of other countries…

Mediation: As A Mode Of Alternate Dispute Resolution

The provision of mediation as a mode of adr in the indian legal system, dates back to year 1947 when the industrial disputes act, was passed…

THE IBC IS NOT A SUBSTITUTE FOR A RECOVERY FORUM: NCLAT

The National Company Law Appellate Tribunal (NCLAT) in this case reiterated what the Supreme Court has observed, “IBC is not intended to be substitute for a recovery forum and whenever there is existence of real dispute, the IBC provisions cannot be invoked.”

PRESUMPTION OF INNOCENCE IS AS PRECIOUS AS CONVICTION AFTER Full Fair Trial

LEGAL ERA SPEAKS TO ONE OF THE COUNTRY’S FINEST CRIMINAL LAWYERS KNOWN ACROSS THE BAR AND BENCH FOR HIS SHARP CRIMINAL LITIGATION SKILLS

PRE-ARBITRATION STEPS CONTRACTUALLY PRESCRIBED PRE-ARBITRATION MEDIATION, EMERGENCY AWARDS AND COURT ORDERED INTERIM RELIEF

The determinations regarding pre-arbitral steps and interim measures are riddled with intricacies of the applicable law(s) and contractual requirements, any applicable rules of arbitration and the strategic objectives intended to be achieved through the arbitration

PERSONAL ACCIDENT COVERAGE CASES CAN ONLY BE TRIED BY CIVIL COURTS, NOT MOTOR ACCIDENT CLAIMS TRIBUNALS: MADRAS HC

The Madras High Court has held that, in order to avail the benefit of Personal Accident Coverage Policy, the respondent/ claimant has to establish the nature of the ‘disablement’ and the same is to be established before the competent Court of law and the Motor Accident Claims Tribunal is not empowered to entertain the Claim Petition under the Motor Vehicles Act.

ONCE ‘DEBT' IS CONVERTED INTO ‘CAPITAL', IT CANNOT BE TERMED AS ‘FINANCIAL DEBT' AND THE APPELLANT CANNOT BE DESCRIBED AS ‘FINANCIAL CREDITOR': NCLAT

The National Company Law Appellate Tribunal (NCLAT) has ruled that once ‘Debt’ is converted into ‘Capital’ it cannot be termed as ‘Financial Debt’ and the Appellant cannot be described as ‘Financial Creditor’.

MITSUBISHI ELECTRIC WINS TRADEMARK INFRINGEMENT LAWSUIT AGAINST FACTORY-AUTOMATION PRODUCT COUNTERFEITERS IN CHINA

Mitsubishi Electric Corporation announced that the Guangzhou Intellectual Property Court has upheld an earlier ruling in Mitsubishi Electric’s favor regarding infringement of the company’s trademarks by Guangzhou Lingye Automation Equipment, Guangzhou Longyan Automation Technology, Guangzhou Ouye Automation Technology and their owners located in Guangzhou, Guangdong Province, China.

LEGAL SYSTEM AND ECONOMIC GROWTH

TO RE-INSTILL THE TRUST AND CONFIDENCE OF GLOBAL CORPORATES, THE PERCEPTION REGARDING UNCERTAINTY IN THE INDIAN LEGAL SYSTEM NEEDS TO BE REMOVED

CLASSIFICATION OF SMART DEVICES AND WIRELESS DEVICES HAS CUSTOMS TARIFF EVOLVED OR IS IT A NEVER-ENDING DILEMMA?

THE QUESTION REMAINS WHETHER THE CUSTOMS TARIFF ACT, 1962 (‘TARIFF ACT’) HAS EVOLVED WITH CORRESPONDING TECHNOLOGICAL ADVANCEMENTS?