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INCRORPORATING AND ENFORCING AN ARBITRATION CLAUSE FROM ANOTHER CONTRACT: WHY SPECIFIC REF...
In recent years, arbitration has become one of the most popular methods of resolving commercial disputes. The Arbitration and Conciliation Act, 1996 ("Act") lays down the framework for arbitration proceedings in India, enabling parties to settle disputes out of court. In this blog post, we will examine the recent judgement by the Delhi High Court in Unthinkable Solutions LLP v. Ejohri Jewels Hub Pvt. Ltd , which highlights the importance of specific reference while incorporating and enforcing an arbitration clause from another contract. ...
The Supreme Court’s ruling on the PIL seeking for guidelines restricting hate speech...
The Supreme Court of India ("Court") adjudicated a Public Interest Litigation ("PIL") that was filed by the Hindu Sena Samiti, on November 14, 2024. The petitioners raised concerns about inflammatory statements made by various political figures, alleging that such statements threatened public order and national security. ...
REWIRING INDIA’S FRAMEWORK FOR APPOINTMENT OF AN ARBITRATOR
The recent judgment by the Supreme Court's ("Court") constitutional bench in Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV) brings in a fresh vision for Indian arbitration law. The landmark judgment delivered by a five-judge bench headed by Chief Justice D.Y. Chandrachud addresses. ...
Criminal Cases Cannot be Filed Against Journalists Merely Because Their Writings Amount to...
The Supreme Court of India (the "Supreme Court") passed two interim orders in October 2024, both of which ruled in favour of journalists against whom FIRs have been filed. In both instances, the FIRs were registered against the journalists for writing articles, alleging that the Uttar Pradesh Government favours individuals from certain castes for their appointment to administrative posts. ...
THE RBI NOTIFIES NEW DIRECTIONS ON COMPOUNDING
On September 12, 2024, the Department of Economic Affairs, Ministry of Finance notified the Foreign Exchange (Compounding Proceedings) Rules, 2024 ("Compounding Rules"), in supersession of the Foreign Exchange (Compounding Proceedings) Rules, 2000. Subsequent to the notification of the Compounding Rules, the Reserve Bank of India ("RBI") notified the new directions on the compounding of contraventions. ...
Balancing Privacy and Efficiency with SEBI’s New Data-Sharing Policy
On October 8, 2024, through a consultation paper released by the Securities and Exchange Board of India ("SEBI") a new policy has been proposed on data-sharing for the purposes of research and analysis ("Policy"). The Policy is applicable to all intermediaries and Market Infrastructure Institutions ("MIIs") and is aimed at streamlining business operations in India's financial markets while addressing critical data privacy challenges. . . .
Media Persons Cannot Be Prosecuted for Defamation for Discussing the Contents of a Publicl...
Recently, the Kerala High Court ("Court") ruled that media persons, in discussing the contents of a publicly available book, cannot be prosecuted for defamation. The media persons, in conducting such discussions, would be exercising their freedom of speech through engaging in fair comment and criticism. ...
Telecommunication Right of Way Rules, 2024
On September 19, 2024, the Department of Telecommunications, ("DoT") issued the Telecommunications (Right of Way) Rules, 2024 ("RoW Rules") under the Telecommunications Act, 2023 ("Telecom Act"). The RoW Rules, which will come into force on January 1, 2025, seek to regulate the establishment, operation and maintenance of underground telecommunications infrastructure. ...
BEWARE Social Media Influencers: Don’t Say What You’re Not Qualified to Say
In a recent judgment, the Delhi High Court ("Court") dealt with the emerging issue of social media influencers commenting on topics they are unqualified to discuss, particularly when such comments have the potential to harm a brand's reputation. The case of Zydus Wellness Products Limited v. Mr. Prashant Desai , highlights the growing responsibility of influencers. ...
The Bombay High Court Strikes Down Rules Empowering the Central Government to Form Fact-Ch...
In January 2024, a division bench of the Bombay High Court consisting of Justice G. S. Patel and Justice Neela Ghokale (the "Division Bench") pronounced a split verdict in the case of Kunal Kamra v. Union of India & Ors. In the said matter, the constitutional validity of the amendments made to Rule. ...
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