Recently, the England and Wales High Court (Commercial Court) had the occasion in Cantor Fitzgerald & Co. v. Yes Bank Limited [2023] EWHC 745 (Comm) (31 March 2023) to consider contractual language in capital market transactions. While the contract itself was governed by English law, the ruling has implications on contractual interpretation more generally, in addition to its relevance to...
Unraveling “Materiality” in SEBI’s Consultation Paper: Legal Perspectives and Recommendations
[Shantanu Dhingra is a 3rd year law student at the National Law University Odisha] The Securities and Exchange Board of India (SEBI) on 20 February 2023 released a consultation paper focused on streamlining disclosures by listed entities, intending to strengthen compliance with the SEBI Listing Obligations and Disclosure Requirements Regulations, 2015. Central to this post is the notion of...
How Will Courts Decide in Bond Holders versus Central Banks?
[Bhargavi Zaveri Shah a doctoral researcher at the Faculty of Law, National University of Singapore and an editor of IndiaCorpLaw Blog and Harsh Vardhan is a management consultant] The Supreme Court is currently hearing an appeal against a Bombay High Court judgement on Yes Bank’s restructuring plan. The question at hand in this appeal is this: whether, as part of Yes Bank’s restructuring...
Taking away the Attorney-Client Privilege: Competition Amendment Bill, 2022
[Shubham Gandhi is a 5th year student at NLU, Jabalpur and Hricha Gandhi is an Advocate at Rajasthan High Court] The concept of Attorney-Client privilege (“ACP’’) has become one of the quintessential principles across all global jurisdictions. It simply enunciates that the communication made by the client to its attorney during the course of employment or any document shared will be inadmissible...
The Singapore Court of Appeal on Arbitrability and the Proper Law of Arbitration Agreements
In its recent judgment Mittal v Westbridge Ventures, the Singapore Court of Appeal has considered a number of important questions of arbitration law concerning the proper law of arbitration agreements and the identification of the law which determines whether a particular dispute is arbitrable. The case is likely to be of particular interest to Indian practitioners because it illustrates why in...
Government AI Procurement in India: Can WEF Guidelines Solve the Latency?
[Jishnu M Nair is a Senior Attorney at IBM] With a score of 63.67, India is at the 32nd position in the Government AI readiness Index 2022, issued by Oxford Insights. The index symbolizes that India is more policy-ready than Brazil and Greece, and less policy-ready than China and Malaysia. Although 32 might not be a desirable rank, for a developing nation to be in the first 25% of the countries...
Schrems II: Data Flow to Trusted Jurisdictions and Implications for India
[Intisar Aslam is a 2nd Year B.A., LL.B. (Hons.) student at the National University of Study and Research in Law in Ranchi] The much-awaited Digital Personal Data Protection Bill, 2022 (“DPDP”), released by the Ministry of Electronics and Information Technology (“Meity”), has received mixed reactions from the legal fraternity. Previously, the Data Protection Bill, 2022 (“DPB”) was withdrawn owing...
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...
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