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. ...
Corporate Funds versus Personal Liabilities: The Supreme Court’s Clarification of th...
The Supreme Court's ("Court") decision in Satinder Singh Bhasin v. State (NCT of Delhi) ("Case"), constitutes a significant reaffirmation of the principle imposed by Section 185 of the Companies Act...
From Compliance Burden to Regulatory Agility: Key Highlights of the Corporate Laws Amendme...
The Corporate Laws (Amendment) Bill, 2026 ("Bill"), introduced in the Lok Sabha on March 23, 2026, marks another incremental and deliberate step in India's corporate law reform journey.
Legitimate Uses: India’s Most Flexible and Most Misunderstood Ground for Processing
The Digital Personal Data Protection Act, 2023 ("DPDP Act") introduces 'legitimate uses' as a lawful basis for processing personal data without consent.
Toward Inclusive Streaming: Understanding India’s New OTT Accessibility Guidelines, ...
On February 6, 2026, the Ministry of Information and Broadcasting ("MIB") issued the Guidelines for Accessibility of Content on platforms of Publishers of Online Curated Content (OTT Platforms) for Persons ...
The Semaglutide Dispute in India: Clarifying the Anticipation vs. Obviousness Divide
A typical patent infringement matter plays out thus: the patent holder / plaintiff sues for patent infringement, along with an application for an interim injunction to stop the infringer ...
Refining Press Note 3: Easing the path for Foreign Investment into India
On March 10, 2026, the Union Cabinet approved significant amendments to Press Note 3 ("Amendment Notification") which governs India's foreign direct investment policy towards investments ...
Why Delhi Companies Pay More: The Stamp Duty Discrepancy
The stamp duty applicable on the execution of agreements and various documents in India is governed by both, the Union Government and the appropriate State Governments ...
Is Your Indian Supply Chain Patent-Proof? Lessons from the Philips Case
Identifying actors in patent infringement requires pinning down the party directly manufacturing a patented product or performing the patented process in question ...
Compliances and Consents: The Legality of Recording Digital Interactions
In an era defined by digital connectivity and interactions driven by the continuous exchange of data, modern communication has become increasingly susceptible to external surveillance. ...
Revised ECB Framework: Borrowing From Tomorrow
The Reserve Bank of India (the “RBI”) has amended the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 through the Foreign Exchange Management ...
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