TagInternational Developments

Digital Personal Data Protection Bill vis-à-vis GDPR

[Raj Shekhar and Aman Yuvraj Choudhary are 4th year and 3rd year law students pursuing BA LLB (Hons.) from National University of Study and Research in Law, Ranchi] On 18 November 2022 the Ministry of Electronics and Information Technology (MeitY) published the draft Digital Personal Data Protection Bill, 2022 (DPDP Bill), which seeks to replace the earlier Personal Data Protection Bill (PDP...

Data-Protection in the International Arbitration Regime

[Rishav Ray is a 4th year B.A. LL.B. (Hons) student at the School of Law, Christ (Deemed to be University), Bangalore] One of the fundamental underlying principles of arbitration is ‘confidentiality’. Confidentiality and privacy act as counterparts in protecting the essence of arbitration. While confidentiality refers to the non-disclosure of materials placed during proceedings and the award...

Delineating Relevant Market for Multisided Platforms: Transaction vs Non-Transaction Platforms

[Harshit Upadhyay and Sanigdh Budhia are third-year B.A. LL.B. (Hons.) students at Gujarat National Law University, Gandhinagar] The underlying idea of a majority of platforms in the digital market has been to connect two or more completely different sets of users with differing motivations together, where the platform only acts as an intermediary between them. For instance, Ola and Uber connect...

Analyzing the Business Judgement Doctrine in the Indian Context

[Dhvani Shah is a penultimate year student at Gujarat National Law University] In January 2022, the Rajasthan High Court stayed trial court proceedings against Mr. Pratip Chaudhuri, ex-SBI Chairman, for an alleged bank loan scam. Mr. Chaudhuri was arbitrarily arrested for discrepancy in the sale of a non-performing asset (NPA) of the bank, i.e., the “Garh Rajwada hotel” to the Alchemist Asset...

Tackling ESG Mislabels and Greenwashing: SEC in the BNY Mellon Case

[Salini Augusty and Nikash John are 5th-year students from the School of Law, Christ (Deemed to be University), Bengaluru] Sustainable development has progressively become a driving factor in the age of conscious investments. This ‘green factor’ is arguably exploited by corporates to misdirect investors for their gains. The environment, social, and governance, better known as the ESG, though...

Open Banking and Competition in Retail Financial Markets

[Sourav Paul is a 3rd Year B.A. LL. B (Hons.) student at the National University of Juridical Sciences, Kolkata] Rapid technological innovations are changing the fundamentals of the retail financial markets, thereby opening up a new frontier for competition in the industry. The harbingers of the radical changes in the retail banking segment are fintech start-ups, who are deploying innovative...

Blockchain Arbitration in India: Adopting the Hybrid Model Envisaged by Mexican ‘Kleros’ Case

[Raghav Saha and Harshit Upadhyay are 3rd year B.A LL.B (Hons.) students at Gujarat National Law University, Gandhinagar] The recent developments in the domain of blockchain arbitration are redefining the traditional dispute resolution mechanism. Recently, a Mexican court upheld the legal validity of an arbitral award reached using the blockchain arbitration platform, ‘Kleros.’ The idea of...

The Promise of Private Enforcement of Competition Law in India

[Nimit Rajesh Goyal is a penultimate year student at the National Law University, Delhi. The author thanks Distinguished Prof. (Dr.) M.S. Sahoo and Prof. (Dr.) Ritu Gupta at the National Law University, Delhi for their insight and guidance] Private enforcement of competition law may be defined as enforcement by means of legal action brought about by victims of anti-competitive conduct before a...

Regulating the Honchos of the Online World – Big Tech Dominance

[Nityesh Dadhich is a IV year B.A., LL.B(Hons.) student at National Law University Delhi] On 20 January 2022, the U.S. Senate approved the American Innovation and Choice Online Bill. The Bill aims to control the abuse of dominance by ‘covered platforms’ operating over the internet. Section 2(h)(3) of the Bill defines ‘covered platform’ as the online platform having at least fifty million US-based...

Parent’s Duty of Care in Relation to a Subsidiary: India and Beyond

[Radhika Ghosh and Yatin Gaur are 3rd year B.A. L.L.B (Hons.) students at Hidayatullah National Law University in Raipur.] The English Supreme Court has yet again in the recent decision of Okpabi v Royal Dutch Shell considered the question of the jurisdictional challenges associated with claims being brought in England against a UK domiciled parent for the actions of its foreign subsidiary. The...

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