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August 20, 2025
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May or Shall: A Curious Case of usage in Arbitration Cl...

In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement......
November 13, 2024

REWIRING INDIA’S FRAMEWORK FOR APPOINTMENT OF AN ARBITR...

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. ......
August 7, 2024
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Section 164(2) of The Companies Act: Supreme Court Weig...

The Companies Act, 2013 ("Act") is the primary legislation on the law of companies in India and deals with the incorporation, registration, regulation, and administration of companies registered in India. While the primary nature of the legislation is regulatory, it also contains several ‘enforcing provisions’ that serve to impose penalties on instances of non-compliance. ......
June 26, 2024
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Advertisers to Submit Self-Declarations for their Adver...

On May 7, 2024, the Hon'ble Supreme Court passed an order in the case of Indian Medical Association & Anr. v. Union of India & Ors. requiring submission of self-declarations by advertisers/advertising agencies before the publication or broadcast of any advertisement ("Order"), for consumers to be able to make informed decisions about the quality of products that are offered to them for sale. ......
May 15, 2024
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Both Celebrities and Influencers to be liable for Decep...

In today's media-saturated environment, consumers are increasingly susceptible to external influences disseminated through the media, with celebrities often leading the charge in shaping consumer behavior. Whether through social media platforms, traditional advertising channels, or product endorsements, the impact of celebrity-focused advertising extends beyond mere entertainment and impacts consumer decisions. ......
May 17, 2023
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Enforceability of Unstamped Arbitration Agreements: Ano...

Recently, a five-judge bench of the Supreme Court rendered its judgment in N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited ("N.N. Global 2") and has put to rest the question on whether arbitration agreements included in unstamped/ insufficiently stamped instruments are valid and enforceable. ......
November 16, 2022
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The Supreme Court’s Opinion on the Employees̵...

The Government of India is empowered by Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 ("Act"), to frame a scheme called the Employees' Pension Scheme for the purpose of providing. ......
May 12, 2021
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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. ......
March 5, 2021
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Gathering evidence in IP suits: The Thin Line between I...

There are several ways in which evidence can be gathered in intellectual property (IP) suits, including through discoveries and cross examinations. Discovery takes place pre-trial, where parties can exchange information regarding the evidence and witnesses to be presented to the court. ......

Data Clean Rooms: The Future of Privacy-Compliant Data Collaboration

As organisations grapple with increasingly stringent privacy and data protection laws, the concept of the Data Clean Room (“DCR“) has emerged as a transformative solution that enables collaboration without compromising compliance.

The power of transition phrases in Indian patent drafting: the ‘Frimline’ Ruli...

Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco

Representations, Warranties and Covenants: What are the consequences of breach?

Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.

Pharmacyclics Continues the Divisional Applications Debate in India

In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.

An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...

On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").

Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...

The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.

Timing it Right: Delhi High Court on Pre-Grant Oppositions in India

What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.

Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2

In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").

Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...

The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").

When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...

An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.