ArchiveJune 2012

If you are interested in working on Indian financial sector policy, read on

The Financial Sector Legislative Reform Commission (“FSLRC”), with which I am associated as a consultant is actively involved in re-writing financial sector law for India.  Ajay Shah has this post on his blog about opportunities to work with the macro-finance group at the National Institute of Public Finance and Policy: This is a very important project for building our national...

Delaware Courts Allow Litigation to Move at the Speed of Business

[The following post comes to us from Andrea Tinianow, who is a vice president and assistant general counsel at Corporation Service Company. She is also a Delaware attorney. This post relates to the Delaware Supreme Court’s decision upholding the Chancery Court in Martin Marietta Materials inc. v. Vulcan Materials, Inc. We had earlier discussed some of the substantive aspects of the Chancery...

The Supreme Court of India and the law of unjust enrichment

These are troubled times for the law of unjust enrichment in India, so much so that one is forced to ask whether such an area of law at all exists in this country. That is regrettable especially because the High Courts (especially those in Bombay, Madras and Calcutta) gave many powerful and important judgments on this area of the law, particularly between 1900 and perhaps the late 1960s. We began...

The Concept of Control under the Indian Competition Act: an analysis (Part II)

(This is a continuation of a post contributed by Avirup Bose) In an earlier post I discussed the importance of understanding the concept of ‘control’ while analyzing the probable anti-competitive effects of a merger especially in a partial stock ownership context. The discussion was in the background of an order of the CCI dated May 17, 2012, which basically held that if a company has a...

The Concept of Control under the Indian Competition Act: an analysis (Part I)

(The following post is contributed by Avirup Bose, who holds law degrees from the West Bengal National University of Juridical Sciences and the Harvard Law School and is qualified to practice law in India and the U.S. Avirup has worked in the New York office of Weil Gotshal & Manges and in the New Delhi office of S&R Associates. He has also briefly worked at the Mumbai office of Trilegal...

Court of Appeal on the Law of the Arbitration Agreement – Part II

There are two ways of interpreting Moore-Bick LJ’s reasoning and conclusion, discussed in Part I: First, one could argue that this case is a reaffirmation and extension of the recent trend in English cases of applying the law of the seat to the arbitration agreement. The best example of this approach is the decision in C v D [2007] EWCA Civ 1282. Although this interpretation has...

Court of Appeal on the Law of the Arbitration Agreement – Part I

While we eagerly await the decision of the Indian Supreme Court in Bharat Aluminium, the English Court of Appeal has delivered a controversial but significant decision on the significance of the seat in international arbitration. In Sulamérica Cia Nacional De Seguros S.A. v Enesa Engenharia S.A. [2012] EWCA Civ 638, the insurance contract in question concerned a project in Brazil, was governed by...

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