[The following is an announcement from the Trade, Law & Development journal] The Board of Editors of Trade, Law & Development is pleased to announce the theme for its next Special Issue (Vol. V, No. 1, Summer 2013): India and the World Economic Order. More than two decades ago, India abandoned its quasi-isolationist position and began implementing radical policy changes in order to fully...
Computation of damages and the incidence of tax
The recent decision of the Court of Appeal in Capita Alternative Fund Services (Guernsey) Ltd v Drivers Jonas considered a peculiar set of circumstances in which the incidence of tax can be factored in when computing the damages suffered by a commercial party. The House of Lords had considered this question almost 60 years ago in BTC v Gourley, and laid down a set of guidelines to determine...
Petrodel v Prest and the Corporate Veil: A hard case that makes good law?
Lord Hoffmann once said, with reference to interpretation of contracts, that the “fundamental change which has overtaken this branch of the law” as a result of Lord Wilberforce’s speech in Prenn v Simmonds [1971] 1 WLR 1381 was not always “sufficiently appreciated”. The same could have been said of recent decisions at first instance on the corporate veil (particularly Ben Hashem v Shayif)...
Call for Papers: Indian Journal of Arbitration Law
[The following announcement comes from the Indian Journal of Arbitration Law] The Indian Journal of Arbitration Law is the flagship journal of the Centre for Advanced Research & Training in Arbitration Law [CARTAL], published under the aegis of National Law University Jodhpur. The inaugural edition of IJAL was launched in September and it would appear bi-annually, providing timely insights...
Petition on Composition of the Securities Appellate Tribunal
(The following guest post is contributed by Amit Agrawal, Advocate, regarding a petition filed before the Delhi High Court. Amit is representing the petitioner, although the litigation and its outcome will likely have a broader impact) A public interest litigation (PIL) has recently been filed before the Delhi High Court inter alia questioning the functioning of the Securities Appellate Tribunal...
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