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Competition Assessment in R&D Markets: A Double Edged Sword

[Bhawna Lakhina is a third-year student of National Law Institute University, Bhopal] Research and development (“R&D”) constitutes a significant factor driving competition in the current market scenario. Companies constantly strive to innovate newer and better products as well as technologies to enhance their position in the market. This is particularly evident in markets like...

Confidentiality Rings under Competition Law: Need for Ironing out Wrinkles

[Amritesh Anand and Krishnanunni U are penultimate year students at Nalsar University of Law, Hyderabad] Antitrust investigations, by their very nature, involve extensive access to commercially sensitive information of entities being investigated, some of which is inherently ‘confidential’. Hence, it becomes imperative for competition authorities to institute sufficient checks and balances in...

Online Certificate Course on the Insolvency and Bankruptcy Code

[Announcement on behalf of Fortitude Learning] Fortitude Learning is conducting an online certificate course on the Insolvency and Bankruptcy Code, 2016 from August 20 to August 23, 2021.  About the Course This course is a 4 day course on the Insolvency and Bankruptcy Code, 2016 with an aim to provide the participants with an in-depth knowledge of the Insolvency Regime in India along with the...

Sustainability-Linked Bonds: The Next Frontier in Sustainable Finance?

[Umang Bhat Nair and Vedant Kashyap are fourth year BA. LL.B.(Hons.) students at the NALSAR University of Law, Hyderabad] Earlier this year, India witnessed its first issue of a Sustainability-Linked Bond (‘SLB’) by UltraTech Cement. This is in line with India’s endeavour to achieve all of UN’s Sustainable Development Goals by 2030. India also wishes to achieve a robust 175 gigawatt of renewable...

Invocation of Pledged Shares: Disqualification from Seat on Committee of Creditors?

[Viti Bansal is a fourth year student of B.A. LL.B. (Hons) at Gujarat National Law University] The Insolvency & Bankruptcy Code, 2016 (“IBC”), under section 21(2), provides that a related party to the corporate debtor who is also a financial creditor of the corporate debtor will have no right of representation, participation or voting in a meeting of the committee of creditors (“CoC”). The...

TRIPS Waiver and the Covid-19 Pandemic

[Prajjwal Rathore is a III Year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore] With the proposal led by India and South Africa for waiver of certain obligations of the TRIPS Agreement given the COVID-19 pandemic, the international community has been polarised along the lines of development. While several developing countries support the proposal for the...

The NCLAT Decision in Hystone Merchants: Conferring Unruly Discretion

[Shubhansh Thakur is a fourth-year student at the Symbiosis Law School, Noida. The author wants to thank Mr. Deepak Joshi for his comments on the draft version] The National Company Law Tribunal (“NCLAT”) in Hytone Merchants Pvt Ltd v. Satabadi Investments Consultants Pvt. Ltd. has held that the Adjudicating Authority (“AA”) can refuse to admit an application that is...

Registration under MSMED Act and the SC Ruling in Silpi Industries

[Akansha Uboveja is a 5th year B.A.LLB (Hons.) student at Hidayatullah National Law University in Raipur, Chhattisgarh] The Supreme Court in its judgment dated 29 June 2021 in Silpi Industries v Kerala State Road Transport Corporationsettled the position of law regarding applicability of the Limitation Act, 1963 to arbitration proceedings initiated under section 18(3) of the Micro...

Call for Papers: International Trade Law Journal

[Announcement on behalf of the NLIU Trade Law Journal] The NLIU International Trade Law Journal, a peer-reviewed annual publication of the National Law Institute University, Bhopal, is calling for submissions for its inaugural edition. The Journal aims to provide a forum for intellectual discourse and academic research into various themes of international trade law and associated fields. With an...

Who is a Consumer? Parallel Proceedings under RERA and CPA

[Varda Saxena is a 3rd year B.A., LL.B. (Hons.) student at Jindal Global Law School in Sonipat] Section 2(7) of the Consumer Protection Act, 2019 (“CPA“) mandates that a person who obtains goods for commercial purposes is not a consumer. This means that a person who obtains goods for reasons other than the sustenance of their livelihood or for reasons other than self-use is...

To Compel or not to Compel: Extension of Arbitration Agreements to Non-Signatories

[Kushagra Jain and Vasundhara Sharan are 4th-year law students at Symbiosis Law School, Noida] The rapid globalization and growing institutionalization of international commercial disputes has led to a plethora of international and national laws, rules, and commentary. Reference to arbitration originates from the contours of the arbitration agreement and maintains privity of contract, consent by...

Appointment of New Arbitrators under Section 34 of the Arbitration and Conciliation Act

[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. Divyansha Agrawal is a practicing lawyer at the Delhi High Court and Associate with Advani and Co] In a recent order, a single judge of the Calcutta High Court in Jagdish Kishinchand Valecha v. SREI Equipment Finance Ltd. (13 April 2021) made an...

Mandatory Sunset Provisions in Shares with Superior Voting Rights

[Bhavya Solanki is a 4th year B.A., LL.B. (Hons.) student at the Maharashtra National Law University, Mumbai] Shares with differential voting rights [“DVR”], internationally known as dual class shares [“DCS”], are shares which have rights disproportionate to their economic ownership. DVRs include shares with superior voting rights [“SR Shares”] and shares with...

Making Room for Third-party Arbitration Funding in the Indian Regime

[Oshin Malpani is a penultimate year B.A., LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] Third-party arbitration funding (“TPAF”) simply stated, is the funding extended to a claimant to pursue arbitration proceedings in exchange for a portion of the award (if) granted to them. It is a subset of the general third-party funding (“TPF”) that similarly funds other litigatory and...

Choice of Foreign Seat of Arbitration by Indian Parties: Scrutinizing its Validity

[Ashish Singh is an Advocate and Ex- Managing Associate at L&L Partners & Megha Shaw is a Final Year Law Student at The West Bengal National University of Juridical Sciences, Kolkata] The long drawn battle of choosing a foreign destination, under the Indian Arbitration & Conciliation Act, 1996, as the seat of arbitration by the domestic parties has been favorably settled by the...

Restrictive Immunity in Enforcement of Arbitral Awards against Foreign States

[Sparsh Mallya is a 3rd Year BBA-LL. B (Hons.) Student at O.P Jindal Global University, Sonipat]  On June 18, 2021, the Delhi High Court held in KLA Const. Technologies Pvt. Ltd. v. The Embassy of Islamic Republic of Afghanistan (“KLA Const”) that prior consent of the Central Government under section 86 of the Civil Procedure Code (“CPC”) is not an express requirement for...

Coveted Tax Relief For Covid-Care Policies: An Employers’ Perspective

[Kavya Mathur and Pragya Chandak are law graduates from National Law University, Jodhpur] The unprecedented Covid-19 health crisis has had a grim impact on all facets of life, including the disruption of business, people’s livelihoods and even the loss of life. While employers are persevering to stay afloat themselves, there is undoubtedly also an element of altruism and sincere concern for the...

Fractional Ownership: Recommendations for Regulation

[Malavika Devaya is an Associate at Poovayya & Co., Bengaluru] Myre Capital, a fractional ownership platform by Morphogenesis, recently made headlines by raising INR 50 crores for its offering of the integrated township Magarpatta Cybercity. A concept that is fast gaining popularity in India but has been around in developed countries for a while now, fractional ownership is the obvious answer...

“No Oral Modification” Clause: A Tussle Over Interpreting Party Autonomy

[Divyansh Pareek and Divyansh Bhardwaj are 4th and 3rd year students of National Law University Odisha respectively] The Singapore Court of Appeal in Charles Lim Teng Siang v Hong Choon Hau (“Teng Siang”) has instigated a debate on the significance and extent of party autonomy in the contract. The court held that parties in a contract consisting a “no oral modification” clause (“NOM Clause”) can...

Proposed Amendments to the E-Commerce Rules: Going a Step Too Far?

[Rohan Mitra is a 4th Year B.A., LL.B. (Hons.) student at Jindal Global Law School] The Department of Consumer Affairs on June 21, 2021, proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020. The proposals have been released to the public and comments and suggestions have been invited, with the deadline being extended until late July. The rules have unsettled many online...

Proportionality: A New Special Equities Exception Against Invocation of Bank Guarantees

[Rhythm Buaria is an Advocate based in New Delhi] In an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), a Division Bench of the High Court of Delhi in Hindustan Construction Co. Ltd. v. National Hydro Electric Power Corporation Ltd., held that proportionality constitutes a special equities exception against invocation or encashment of unconditional bank...

Call for Papers: The GNLU Law Review

Gujarat National Law University, Gandhinagar, is one of the premier National Law Schools in India, which has contributed towards transforming legal education into professional excellence ever since its establishment in 2003. Born in 2008 as the flagship journal of Gujarat National Law University, The GNLU Law Review (‘TGLR’) is a bi-annual, student-edited, peer-reviewed journal, designed as...

Is NSE’s Co-Location Facility Abusive: A Competition Law Analysis

[Rishabh Joshi is a 5th year B.B.A., LL.B. (Hons.) student at Gujarat National Law University, Gujarat] Recently in its decision of Manoj K. Sheth v. NSE, (Case No. 35 of 2019) dated 28 June 2021, the Competition Commission of India (CCI) rejected the charges surrounding abuse of dominance against the National Stock Exchange (NSE) concerning the co-location facility. The informant had filed a...

The TRIPS Waiver and BITs: Scope for Concern?

[Aarohi Chaudhuri is a 3rd year BA LLB (Hons.) student at the National Law School of India University, Bengaluru] In April 2021, a group of WTO members led by India and South Africa proposed the temporary lifting of patents over Covid-19 vaccines. The suggested mechanism to achieve this end was to waive the relevant provisions of the WTO Agreement on Trade Related Aspects of Intellectual Property...

Impediments to the Enforcement of Arbitral Awards under IBC

[Anuj Dubey and Amay Bahri are 4th year students at National Law University, Delhi] The jurisprudence on the interplay between the Insolvency and Bankruptcy Code 2016 (IBC) and the Arbitration and Conciliation Act 1996 (Arbitration Act) is in nascent stages. While friction arises during multiple stages of the proceedings under both laws, the conflict arising out of enforcement of arbitral awards...

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