Tag: arbitration
May 12, 2021
Intellectual Property | Trademark
Intellectual Property | Trademark
To Litigate or Arbitrate, a “Heroic” Dilemma
As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......
June 27, 2019
Dispute Resolution / Arbitration
Dispute Resolution / Arbitration
Remedies to an Unstamped Arbitration Agreement
The theory of separability for arbitration agreements has been developed over time. It has been well recognized in India and other jurisdictions that an arbitration clause in a contract is an agreement independent of the contract executed between the parties. This theory of separability of an arbitration agreement has well elucidated by the Supreme Court of India in the case of M/S Sms Tea Estates P.Ltd v. M/S Chandmari Tea Co. P.Ltd...
November 22, 2018
Dispute Resolution / Arbitration
Dispute Resolution / Arbitration
Stamp Duty on Foreign Arbitral Award
In a recent decision, the Supreme Court of India in M/S Shriram EPC Limited vs Rioglass Solar Sa has ruled that it is not necessary for a foreign arbitral award to be stamped. This judgement has put to rest an issue on which various High Courts of India had given differing opinions. ...
Broadening the Small Company Net: Implications of the New Threshold
On December 1, 2025, the Ministry of Corporate Affairs ("MCA") via Notification G.S.R. 880(E) ("Notification"), introduced pivotal amendment to the definition of a "Small Company" under Sec-tion 2(85) of the Companies Act...
Privacy at the Price of Transparency: Legal Implications of the Amendments to Section 8 of...
The Ministry of Electronics and Information Technology ("MeitY") recently notified the Digital Personal Data Protection Rules, 2025, on November 14, 2025. This notification brings into force the Digital Personal...
Recalibrating Corporate Governance: An Analysis of the SEBI LODR 5th Amendment, 2025
On November 19, 2025, the Securities and Exchange Board of India ("SEBI") notified the fifth amendment to the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations...
Drafting deepfake defences: comments on India’s proposed amendments to the IT Rules
On October 22, 2025, the Ministry of Electronics and Information Technology ("MeitY") proposed significant amendments ("Proposed Amendments") to the Information...
Formulation fight: Amgen case tests patentability of biopharmaceuticals in India
In a high-stakes case, the Madras High Court examines whether Amgen's specific formulation is non-obvious and patentable, and whether the prior art guides...
Implementation of India’s Four Labour Codes: Key Changes and the Road Ahead
On November 21, 2025, the Ministry of Labour and Employment issued notifications operationalizing substantial portions of India's four labour codes...
The Digital Personal Data Protection Rules, 2025: A New Digital Frontier
The Ministry of Information and Technology (“MeitY”) on Thursday, November 13, 2025 notified the Digital Personal Data Protection Rules, 2025 (the “DPDP Rules”), framed under the Digital Personal Data Protection Act, 2023 (the “DPDP Act”).
Indemnity and Limitation of Liability Clauses: Strategic Risk Allocation in Commercial Con...
In the world of commercial contracts, astute risk management is paramount. Among the arsenal of legal tools and safeguards available to parties, the indemnity and limitation...
RBI Opens the Doors to Bank-Funded M&A’s: Boosting Domestic Acquisition Financi...
Recently, the Reserve Bank of India ("RBI") Governor, Mr. Sanjay Malhotra underscored the importance of enabling Indian banks to finance acquisitions by domestic corporates...
Government Sahyog in Tightening Takedowns
In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Intermediary Rules") were notified in furtherance of the Central Government's power to make rules...
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