TagInternational Developments

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...

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...

“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...

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...

Admissibility of Illegally Obtained Evidence in International Arbitration

[Arjun Chakladar and Aman Kumar Yadav are 4th year undergraduate students at National Law Institute University, Bhopal] The Covid-19 pandemic has necessitated the digital shift and increased dependence on digital technology. In recent times, the admissibility of illegally obtained evidence (‘IOE’) has proven itself an imperative notion in international arbitration. This surge in data protection...

Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 2

[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat. The first part in the series is available here] High Court’s Analysis The High Court recorded that injunctions of legal proceedings in foreign claims may take one of three primary forms, i.e. ASIs, AASIs and AEIs. It distinguished AASIs and AEIs. According to the Court...

Principles Governing ‘Anti-Enforcement Injunctions’ in India: Part 1

[Anujay Shrivastava is a law graduate (class of 2020) from Jindal Global Law School, O.P. Jindal Global University, Sonipat] In a significant judgment in Interdigital Technology Corporation v. Xiaomi Corporation(3 May 2021) (“Xiaomi”), the Delhi High Court speaking through C. Hari Shankar, J. recently clarified the principles governing an anti-enforcement injunction (“AEI”) by an Indian judicial...

Unqualified Fair & Equitable Treatment Clause: It’s Time to Revamp

[Ameya Vikram Mishra is an associate at J. Sagar Associates, New Delhi and Nikhil Pratap an advocate practising in Delhi] Recently, Cairn Energy plc filed a petition in the South District of New York to attach Air India’s assets. This action has been taken pursuant to an award by an arbitral tribunal (“Tribunal”) constituted under the Bilateral Investment Treaty between the United Kingdom and...

Replacing the Anachronistic Methods of Determining Dominance in EU Competition Law

[Aryan Garg and Bishesh Joshi are undergraduate law students at NALSAR University of Law, Hyderabad] With the evolving technology, there has been a rise of new dynamic digital platforms. They deviate from the traditional business models in various ways. The modern-day digital platforms are multi-sided, due to which there are network effects, and they can operate on the basis of zero-price models...

Digital Markets: Need for a New Approach to Merger Regulation

[Manasvin Andra is a 4th year B.A., LL.B. (Hons.) student at NALSAR University of Law School, Hyderabad] The emergence of digital markets has heralded a remarkable shift in antitrust law, with the impact of mergers on potential competitors attracting particular attention in recent years. While authorities in the United States (‘US’) and the European Union (‘EU’) have begun deliberating on...

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Top Posts & Pages

Topics

Recent Comments

Archives

web analytics

Social Media