TagInternational Developments

Shadow Trading – An Indian Perspective

[Mihir Deshmukh is an Associate at Finsec Law Advisors, Mumbai and Bhavya Solanki is a 4th-year student at Maharashtra National Law University, Mumbai.] Coined by Mehta, Reeb, and Zhao, shadow trading is a theory of insider trading, which postulates that confidential information of a company could also be relevant for other economically-linked companies, and insiders could profit from trading in...

Oligopoly, Competition, Cartels and Beyond: Establishing the Need for ‘Collective Dominance’

[Swetha Somu is a 2nd year B.B.A. L.L.B (Hons.) student at Gujarat National Law University in Gandhinagar] ‘Collective dominance’ in competition law points to a scenario where two or more independent undertakings, possibly through established economic links, hold a dominant position in the market together while still being independent of each other. This concept was first recognized in the...

Looking Beyond Gender to Make Corporate Boardrooms Diverse in India

[Harsh N Dudhe & Pranay Bhardwaj are III year BA LLB (Hons) students at NALSAR, Hyderabad. The authors would like to thank Dr. Akshaya Kamalnath for her comments on the post] On August 6, 2021, the U.S Securities and Exchange Commission (SEC) approved a proposal by the Nasdaq Stock Market LLC (Nasdaq), which aims to enhance the corporate board diversity for Nasdaq-listed companies. This...

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...

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