[The following is an announcement from NALSAR Student Law Review] We are pleased to announce that the NALSAR Student Law Review is now accepting submissions for its upcoming Volume XIII. NSLR is an annual, student-edited, peer-reviewed law journal that is the flagship publication of NALSAR University of Law, Hyderabad, India. We are committed to encouraging and enhancing the quality of legal...
Making Arbitration More Consumer Friendly – The Way Forward in India
[Chandni Ghatak is a 4th year student at National Law University-Jodhpur. A related post on the topic is available here.] The Supreme Court of India has finally clarified as to what prevails in the battle between statutory remedy and arbitration in relation to resolving consumer disputes by upholding the decision earlier rendered by the National Consumer Disputes Redressal Commission (“NCDRC”)...
No Arbitration in Consumer and Real Estate Disputes
[Ajar Rab is a Partner at Rab & Rab Associates LLP, Dehradun] In an earlier post, I had discussed the decision of the National Consumer Disputes Redressal Commission (“NCDRC”) in Aftab Singh v. Emaar MGF Land Limited & Anr, which had held that consumers disputes are not arbitrable under section 2(3) of the Arbitration and Conciliation Act, 1996. The post had referred to the possibility of...
Treatment of Extreme Results and Multiple-Year Data in Indian Transfer Pricing Law
[Ayush Chaturvedi and Chandni Bhatia are 4th Year B.A.LLB (Hons) students at Dr. Ram Manohar Lohiya National Law University, Lucknow] Introduction Arm’s length price is obtained by conducting a detailed “comparability analysis” as per the rules laid down in the Income-tax Act, 1961 (“Act”), the Income-tax Rules, 1962 (“Rules”) and the OECD Transfer Pricing Guidelines for Multinational Enterprises...
Why the FDI Policy’s Price Influence Restrictions on E-Commerce Marketplaces Have Failed
[Mark Papang and Sanchit Varma, 4th year students at NALSAR University of Law] Introduction The FDI Policy of India contains a number of provisions to ensure that the employment of foreign capital does not militate against healthy competition in the e-commerce sector. However in practice, many of these provisions have not had a significant impact on the manner in which e-commerce entities operate...
The Insolvency and Bankruptcy Code: Moratorium and Personal Guarantors
[Aayush Mitruka is a lawyer based in Delhi] The latest ruling of the National Company Law Appellate Tribunal (Appellate Tribunal) in the case of State Bank of India (SBI) v V Ramakrishnan and another has evoked another controversy touching upon the Insolvency and Bankruptcy Code, 2016 (Code) that serves as a major setback to creditors. The moot question was whether a financial creditor can...
Rationalisation of Competition Appeals: A Way Forward?
[Abhimanyu Singh Yadav and Anubha Singhal are 3rd year BA LLB (Hons) students at Dr. Ram Manohar Lohiya National Law University, Lucknow] The purpose of a Finance Act has generally been to lay down the tax proposals framed by the Central Government. However, apart from laying down tax proposals, the Finance Act 2017 brought about some noticeable structural changes in the functioning of appellate...
CCI and DG’s powers under the Competition Act and the Principles of Natural Justice
[Kunal Kumar is a 4th year B.A., LL.B.(Hons.) student at NLU Jodhpur)] Introduction In Central Bank of India v. Shri Prakash Chand Jain (1969), the Supreme Court held that a fact which is sought to be proved must be supported by statements made in the presence of the person against whom enquiry is held and the statement made behind the back of the person charged are not to be treated as...
CCI’s Decision on Abuse of Dominant Position by Google
[Pallavi Panigrahi is a graduate of National Law School of India University, Bangalore and is currently working at a Corporate Law Firm in Mumbai. Another post on the topic is available here] The Competition Commission of India (“CCI”) last month imposed a fine of INR 135.86 crores on search engine giant Google (inclusive of Google LLC, Google India Private Limited and Google Ireland Limited) for...
Considerations of “Public Policy” for the Enforcement of Foreign Arbitral Awards in India
[Nandini Garg is a 4th year B.A. LL.B. (Hons.) student at National Law Institute University in Bhopal.] Recently the Delhi High Court in Daiichi Sankyo Company Limited v. Malvinder Mohan Singh and Ors. allowed the Japanese investor, Daiichi Sanyko, to enforce a foreign arbitral award against its Indian investee and recover Rs. 3500 crores from it. The erstwhile promoters of the investee company...
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