Insights
Green Aviation Initiatives
In recent years, the aviation industry has been under increasing pressure to address its environmental impact. With concerns about climate change and the carbon footprint of air travel gaining prominence, the concept of “green aviation” has emerged as a crucial… Read more
Navigating Legal Crossroads in understanding Transit Anticipatory Bail in Multi – Jurisdictional Cases
The concept of transit anticipatory bail comes into play when a person anticipates arrest in a jurisdiction different from where the First Information Report (“FIR”) is registered. This situation often arises in cases of cross-border or interstate… Read more
Incorporation of a Private Company in India
Incorporating a private company is the process of legally establishing a distinct business entity separate from its owners, often referred to as shareholders. This separate legal structure provides various benefits, including limited liability for… Read more
Incorporation of a One Person Person Company in India
Setting up a One Person Company (“OPC”) in India is a streamlined and beneficial way for solo entrepreneurs and small business owners to formalize their businesses. An OPC offers limited liability and legal recognition while allowing a single individual to own… Read more
Incorporation of a Public Company
Setting up a business as a public company is a significant and complex endeavor that involves transforming a privately held enterprise into a publicly traded entity. This transition allows the company to offer shares of stock to the general public and raise capital… Read more
Trademark infringement: Steps for avoidance of infringement
Intellectual property (“IP”) is anything that was created by the mind, such as inventions (patents), works of literature and art (copyright), new product designs (industrial designs), and brand names, symbols, or logos that are used to distinguish goods and services from… Read more
Trademark licensing: How to monetize your brand?
Section 2 (1) (zb) of the Trademarks Act of 1999 contains the definition of a trademark. It states that a trademark is (Sec- 2(m)) mark, able to be graphically expressed, and ability to distinguish between the goods and services provided by one person and those of… Read more
List of documents required to incorporate business in India
Business registration in India encompasses a series of legal and procedural steps, contingent on your chosen business entity. Recent government initiatives like “Make in India” and “Startup India” aim to facilitate business, attract… Read more
Approvals/ Registration/ Licenses for Pre-Commissioning Phase
Securing the required approvals, registrations, and licenses in the pre-commissioning phase of a project is crucial for ensuring a smooth transition from planning to operational readiness. These initial actions establish the foundation for legal and regulatory… Read more
Post-Commissioning Phase
Establishing a business in India requires a strategic approach and a deep understanding of its diverse and rapidly changing market. After the initial setup and launch, the post-commissioning phase becomes crucial.During this stage, businesses refine their operations,… Read more
Compliances for establishing business in India
Navigating India’s complex business compliance and approval landscape requires a deep understanding of regulations and strict adherence to legal requirements. This involves obtaining essential licenses and authorizations while following government… Read more
Navigating the Lucrative Landscape: Foreign Investment in India’s Booming Online Gaming Industry
The Indian online gaming industry is witnessing unprecedented growth, fueled by technological advancements, increased internet penetration, and a growing youth population. As this sector continues to flourish, it has caught the attention of foreign investors seeking… Read more
Process of registration for LLP / Company
Setting up a company or Limited Liability Partnership (“LLP”) in India is a significant endeavor that holds immense potential for entrepreneurs and business enthusiasts. India’s dynamic and rapidly evolving business landscape, combined with a burgeoning consumer market,… Read more
Establishing business operations in India through Liaison/Branch/Project Office
Establishing business operations in India through Liaison, Branch, or Project Offices is a vital strategy for foreign entities entering the Indian market. These models provide tailored levels of engagement to meet specific objectives and operational needs.A Liaison… Read more
Cultural integration in light of mergers and acquisitions
Cultural integration refers to the process of merging or blending different cultural elements, values, norms, practices, and behaviours into a cohesive and unified segment. It occurs when individuals or groups from diverse cultural backgrounds come together… Read more
Different Types of Business Established in India
To establish a business in India, adherence to a set of fundamental requirements is imperative, ensuring legal compliance and operational integrity. Essentials include selecting directors and shareholders, issuing a prospectus when needed, and…. Read more
Setting up of a business in India
India, a developing nation, achieved a robust Gross Domestic Product (“GDP”) growth rate of 7.2% in 2022–23, showcasing its rising global significance. India is welcoming foreign investors with open arms through progressive Foreign Direct Investment (“FDI”) policies,…. Read more
Applicability of the Digital Personal Data Protection Act, 2023
India has passed a comprehensive data protection law – the Digital Personal Data Protection Act, 2023 (“DPDP Act”). The DPDP Act establishes the foundation for the updated data protection system. Additional guidelines will be provided by the Central Government over…. Read more
Overview of Digital Personal Data Protection Act, 2023
The Act will apply to the processing of digital personal data within India where such data is collected online, or collected offline and is digitised. It will also apply to such processing outside India, if it is for offering goods or services in India. Personal data may…. Read more
Duties of an independent data auditor under the digital personal data protection act 2023
In an era marked by the proliferation of digital technologies and the unprecedented volume of personal data being generated and processed, safeguarding individuals’ privacy has become a paramount concern. Recognizing this, India introduced the… Read more
Duties of data protection officer under the digital personal data protection act 2023
After years of debates, delays and agreements, the Digital Personal Data Protection Act of India (“DPDP”) sped through its last steps last week, ending in its publishing in the Official Gazette on Friday, August 11, 2023. The Bill was approved by both the lower and… Read more
Compliance Under India’s Digital Personal Data Protection Act, 2023
In the digital age, the protection of personal data has become a paramount concern. As we look ahead to the implementation of the Digital Personal Data Protection Act, 2023 in India, organizations need to be well-prepared to adhere to the forthcoming…. Read more
Effect of merger on nominee shareholder
Merger is a form of corporate restructuring and it is an amalgamation of two or more entities into a single entity or one or more entities being amalgamated into one of the existing entities or can be in the form where one new entity can be formed by merging… Read more
Analyzing the Implications of MeiTY’s New Online Gaming Rules on the Indian Gaming Industry
Online gaming has emerged as one of India’s fastest-growing industries, with the number of gamers expected to increase by 30 million from 2022 to 2023. As the number of users continues to rise, it has become crucial to introduce appropriate laws to regulate… Read more
Permissible Online Real Money Games: Criteria and Verification
Online gaming Self Regulatory Bodies (SRBs) have been granted authority by the Ministry of Electronics and Information Technology (“MeitY”) to verify online real money games. An online real money game is considered permissible if it has been verified by … Read more
The Online Gaming Intermediaries Regulations: A Comprehensive Overview of Recent Changes
On April 6, 2023, India implemented a new legal framework to regulate online gaming operators by introducing amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 2021 (“IT Amendment Rules, 2023”). … Read more
Ambiguity Surrounding the Inclusion of Game Publishers as Online Gaming Intermediaries
The draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Amendment Rules, 2023”) lacked clarity on whether Online Gaming Intermediaries (“OGIs”) would encompass game publishers,… Read more
The Evolving Landscape of Online Gaming and Fantasy Sports in India: legality, Skill, and Regulation
In recent years, the gaming industry has undergone a significant transformation due to advancements in technology and the increasing number of internet users. Online gaming has gained immense popularity in India, encompassing a wide range of games such as rummy, poker,… Read more
Environmental taxation: Green tax and its effectuations in India
An environmental tax, also known as an ecotax or green tax, is a tax imposed on activities that are deemed to be environmentally damaging with the goal of promoting environmentally responsible behaviour through financial incentives. Environmentally connected… Read more
The Role of the Judiciary in containing white-collar Crime in India
White-collar crime is the most damaging type of crime. These are the crimes that high-level professionals commit in the course of their employment by abusing social, economic, and technological power for individual and corporate advantage. This is a very broad… Read more
Double Taxation Avoidance Agreements in India and USA
An agreement known as the Double Tax Avoidance Agreement (“DTAA”) was signed by two nations. The agreement is struck to reduce the burden of repeated tax payments for NRIs and to promote the country as a desirable travel destination. Although the DTAA does… Read more
Tax evasion and avoidance: From an ethical and legal perspective
Tax evasion is the term used to describe the unlawful act of failing to disclose income, concealing assets, or making up deductions in order to lower tax obligations. Contrarily, tax avoidance refers to the legal practice of structuring one’s financial affairs to… Read more
Settling Troubled Waters for the Indian Whistleblowers
Corporate governance is a term used to describe the procedures used by organizations to control their internal affairs. A company’s reputation is enhanced by excellent corporate governance practices, which also build investor confidence and strengthen… Read more
Protecting patient data: Examining the role of DISHA in safeguarding digital health information
Privacy is a reasonable expectation that personal information disclosed in a private place will not be disclosed to third parties when doing so would embarrass a person of ordinary sensitivities. Issues of privacy have become entangled with bioinformatics… Read more
Escrow Account: Need for realtors before beginning any deal
For a first-time home buyer, buying a house may be a challenging and intimidating process. A prevalent phrase in real estate and the home-buying process is “escrow.” In the corporate sector, escrow accounts are quite helpful. An escrow account is… Read more
Workplace sexual harassment: Legal perspective
Sexual harassment in the workplace is a serious issue that affects individuals across various sectors and has far-reaching consequences. It is highly prevalent in India and there is a need to provide a positive environment to the women workers. Recognizing… Read more
Crisis communication: Key principles for effective messaging
In today’s fast-paced and interconnected world, organizations and individuals are constantly exposed to various crises. Whether it’s a natural disaster, a product recall, a data breach, or a public scandal, crises can significantly impact a company’s reputation, financial… Read more
Collaboration with Internal and External Stakeholders in Whistleblower Hotline Management
The use of whistleblower hotlines has become a necessity for organizations seeking to uphold transparency, ethical conduct, and accountability. Without the risk of retaliation, these mechanisms enable employees and stakeholders to report misconduct, unlawful activities,… Read more
Role of Public Interest Litigation in promoting good governance
Public Interest Litigation (“PIL”) means litigation filed in a court of law, for the protection of public interest. PIL is a component that enables maintenance of rule of law by accelerating the balance between law and justice. The advancement of this authentic… Read more
Unravelling the Veil: Unintentional Algorithmic Collusion in Oligopolistic Markets
An oligopolistic market structure is characterized by considerably fewer competitors, identical products, and inelastic demand. According to European and American legal jurisprudence, price parallelism and supra-competitive prices are only natural results of such … Read more
Managing human resources during M&A: retention, integration & talent development
Managing human resources during mergers and acquisitions (“M&A”) is a critical aspect of ensuring a smooth transition and maximizing the success of the deal. M&A activities often bring significant changes to the organizational structure, culture, and workforce, …. Read more
Tax Dispute Resolution in India
India’s Union Budget 2023, tabled by Finance Minister Nirmala Sitharaman in Parliament on February 1, 2023, envisages important steps in the field of dispute resolution. This blog post will discuss the latest developments in tax dispute resolution in India as of June….. Read more
Expatriate taxation in India
India is a popular destination for expatriates who want to work and live in a diverse and vibrant country. However, expatriates need to be aware of the tax implications of their income earned in India, as well as their tax obligations in their home country…. Read more
Trends and opportunities in government contracting for small business
Government contracting has been a successful economic prospect for small companies in recent years in India. The advantages of government contracting are apparent, but small firms must also navigate through a complicated environment to be successful in their… Read more
The role of technology in facilitating white collar crimes
As technology grows and becomes more and more prevalent, so does the ability to commit fraudulent crimes or white-collar crimes. White-collar crimes of all types have become easier and less traceable. Additionally, the growth of technology has generated new… Read more
Unmasking Collusion: The Inclusion of Hub and Spokes Cartel in the Indian Competition Regime
The Competition Amendment Bill (“bill”) received the President’s assent on April 12, 2023. The bill seeks to clarify Section 3 of the Competition Act (“Act”), which will include the “hub-and-spoke cartel“. The absence of a direct connection between the horizontal rivals… Read more
Non Disclosure Agreement: An imperative tool for safeguarding corporate affairs
A Non-Disclosure Agreement (“NDA”), also referred to as a confidentiality agreement, is a legally binding contract in which one party consents to disclose confidential information about the operations of the organization or products to another party and… Read more
Role of Information Technology Act in shaping businesses in India
The twenty-first century is expected to be dominated by Information Technology (“IT”), with India serving as a worldwide magnet and a knowledge powerhouse. IT-based services are essential for any organization to boost productivity, ease of doing business, and grow efficiently… Read more
Navigating Whistleblower Retaliation: Preventive Measures and Responsive Strategies
Whistleblowing is essential for ensuring accountability and transparency in several types of sectors, including government, business, and non-profit organizations. Individuals who report illegal or unethical conduct within an organization, known as … Read more
Addressing the psychological and emotional impact on whistleblower: a supportive practice
Whistleblowing is an act of great courage and integrity, as individuals who choose to expose corruption, fraud, or unethical practices frequently confront major psychological and emotional hurdles. Understanding the substantial influence on the mental health of … Read more
Judicial approach in the matters of government contract
The executive power of Government extends to carrying on of any trade or business or to acquisition, holding and disposing of property and it must perform various welfare functions, which makes it necessary for the Government to enter contract with private… Read more
The role of technology in combatting fraud and enhancing asset recovery in India
In the time of digital age, fraud has become increasingly sophisticated, posing significant challenges for law enforcement agencies and financial institutions. As fraudsters continuously adapt their tactics, it is crucial to leverage technology as a powerful… Read more
Due diligence and brand audits in IP
The 21st century is an era of invention, and these innovations are vital to the expansion of the Indian economy. These inventions are all intangible assets that are the result of human creativity and have monetary value. All these fresh concepts and inventions require legal… Read more
Specialized IP tribunals in India
A specialized intellectual property (“IP”) court is an independent public judicial organization that can operate at the national or regional levels to resolve specific IP-related issues, but it can also resolve other issues. Even though IP conflicts are frequently associated… Read more
Fraud and asset recovery in India: Understanding the complexity
Fraud has emerged as a significant concern in India, posing challenges for individuals, businesses, and the overall economy. Various types of fraud have inflicted substantial losses on victims, creating an urgent need for effective asset recovery mechanisms to combat… Read more
The role of whistleblower hotlines in fraud detection and prevention
Fraud has become an increasingly common issue in today’s corporate world, resulting in major financial losses and reputational damage for organizations. To prevent this widespread issue, several businesses have turned to whistleblower hotlines… Read more
Exclusion of implied contracts from the purview of government contracts
Government contracts are entered into for purposes like construction, management, manpower supply, maintenance and repairs, IT-based projects, etc. When either party is the government, the contract becomes a government contract. Government … Read more
Training and education for whistleblower hotline management
In the age of increasing corporate scrutiny and demand for transparency, organizations face more challenges to guarantee ethical behavior and prevent misconduct. The whistle-blower hotline has acquired prominence as a crucial tool in this context. Whistleblower… Read more
Empowering success: The strategic impact of financial leadership in corporate finance
Although the benefits of great leadership may seem obvious, the qualities of a strong leader can be difficult to define. Businessmen and entrepreneurs are expected to make pivotal decisions based on a thorough and professional knowledge of their… Read more
Leveraging technology for whistleblower
Within organizations, whistleblower hotlines play a crucial role in promoting transparency, accountability, and ethical practices. These channels provide a secure platform for employees, customers, and stakeholders to report wrongdoing or prospective violations…. Read more
Demystifying the process of filing Public Interest Litigation: A step-by-step procedure
Public Interest Litigation (“PIL”) is a powerful legal tool that allows citizens to seek justice and protect the interests of the public at large. It enables individuals or organizations to raise issues of public concern and challenge actions or omissions by the … Read more
The Role of Corporate Culture in Preventing White Collar Crime
Corporate culture encompasses the shared attitude, customs, and practices within an organization that shapes its overall work environment. It is a reflection of the collective mindset and actions of the employees and management. Corporate culture is not… Read more
History and Basic Powers of Civil Court
Historically arbitration process was part of the Greek judicial system and the world has taken inspiration from the same. King Solomon is regarded as the father of arbitration in the world and was also responsible for the first known arbitration in the world. In India,… Read more
The Role of Mediation in Resolving Family Disputes
The preservation of peace and relationships is the ultimate purpose while settling family disagreements through mediation. Conciliation and mediation are ancient institutions with profound roots in social traditions of several ancient civilizations, especiall… Read more
Liability of Authorized Signatory of a Company to Pay Interim Compensation Under the Negotiable Instruments Act, 1881
The Bombay High Court (“HC”) recently ruled that an authorised signatory of a company who signs a cheque on its behalf is not a ‘drawer’ of the cheque and thus is not obligated to pay interim compensation under section 143A of the Negotiable Instruments Act, 1881 . … Read more
Procedure to Incorporate a foreign subsidiary in India
India has a sizable and expanding economy, which presents a wealth of opportunities for companies of all sizes. Indian business expansion may be a wise choice for a foreign company. Registration of a subsidiary company is one way to gain presence in India. … Read more
Cross-Border Merger Framework in India: Limited Efficacy?
On April 13, 2017, the Ministry of Corporate Affairs (“MCA”) notified Section 234 of the Companies Act, 2013, as amended (the “Companies Act”) and Rule 25A of the Companies (Compromises, Arrangements, and Amalgamations) Rules, 2016, as… Read more
A Roadmap to Securities Compliances
A financial instrument that is capable of being traded in the stock market, is a security, and the laws governing and regulating the transactions relating to those securities, are labeled as Securities Law. Section 2(h) of the Securities Contract (Regulation) Act,… Read more
Escrow- A novel mechanism in the payments ecosystem
Transactions between businesses have typically been dangerous. Parties to business transactions frequently struggle to transact in a secure, seamless, and safe way. The subsequent legal process may be drawn out and difficult if one of the concerned… Read more
The role and significance of Intellectual Property Right laws in digital startups.
Intellectual property rights (“IPR”) are exclusive rights which are induced on a person in lieu of any creation that he may have accomplished in due course of time. These rights are protected by law, in the form of patents, trademarks or copyrights thus giving the creator… Read more
Cyber law in E-sports
In a creative development by the Government of India in December 2022, the gaming ecosystem has been given a major boost by allocating matters related to E-sports to the Ministry of Youth Affairs and Sports (“MYAS”) and online gaming to the Ministry of… Read more
Standard essential patents and abuse of dominance in India
Several cases filed with the Competition Commission of India (‘CCI’) involving standard essential patents (‘SEPs’) and fair, reasonable, and non-discriminatory (‘FRAND’) commitments pose the question of whether companies that promote innovation can exercise… Read more
The importance of Pro-Bono Advocates
The legal profession plays a crucial role in providing access to justice for all, regardless of a person’s financial standing. In India, pro bono legal services refer to the provision or access to legal assistance by lawyers and advocates without any expectation… Read more
Role of compensation in motivating and engaging employees
In the modern business landscape, attracting and retaining talented employees has become crucial for organizations to thrive. One of the key factors that influence an employee’s decision to join or stay with a company is the package of benefits and… Read more
Pro bono: Bridging the gap in access to justice
Pro bono, a Latin term meaning “for the public good,” refers to legal work performed voluntarily by lawyers and advocates for those who cannot afford to pay for legal services. Pro bono work has gained significant importance in recent years, especially in developing… Read more
Escrow Services for Cross-Border Transactions in India
Cross-border transactions are becoming increasingly common in India. With these transactions, however, comes a host of risks and challenges, particularly when it comes to payments. To mitigate these risks and ensure that both parties in a transaction are protected, escrow… Read more
Patents in the pharmaceutical industry in India
Multinational corporations predominated the Indian medicine market until the year 1970. India was one of the countries with the highest drug prices in the world because more medications were being imported at a higher rate. It was discovered that the… Read more
Regulation of cryptocurrency under anti-money laundering laws: recent development in the Indian economy
Cryptocurrencies are a relatively new technology, and the Indian laws on cryptocurrencies are continuously changing. Due to recent developments, Anti-Money Laundering (“AML”) laws are now applicable to cryptocurrency transactions in India. The Reserve… Read more
Fintech Merger and Acquisition – A New Challenge for Competition Authorities
The financial services industry, with its innate technology, has been a significant sector of economies across the globe, and this fact is supported by the existence of payment processing mechanisms such as ATMs, online payment platforms, etc. However,… Read more
An Analysis of the 2022 Indian Competition Amendment Bill
Competition law (“CL”)/Merger Control Regime was the first act that governs anti-competitive practices, it was brought and drafted because of the shortcomings of the Monopolies and Restrictive Trade Practices Legislation (“MRTP”) and it also established the… Read more
Legal Obligations and Fiduciary Duties of a Nominee Director
A nominee director is a person appointed by the company to act as a director on its behalf. In addition to complying with all applicable laws and regulations, the nominee director must act in the best interests of the company and its shareholders.A nominee… Read more
Maximising growth potential: how a nominee director can help in successful business expansion?
In today’s highly competitive global business landscape, expanding into new markets is often a key growth strategy for organizations seeking to maximise their potential. However, venturing into unfamiliar territories presents a multitude of challenges, ranging… Read more
Intellectual Property Rights and Competition Law – Reviewing it with the purview of Interference under Article 226
Intellectual Property (“IP’) Law, gives the Intellectual property holder right of exclusivity, that will allow the holder to exclude anyone else from using his Intellectual property, i.e., they give monopoly rights to the Intellectual Property holder while on the other… Read more
Escrow- A lending hand in Indian business
Escrow is essentially a translation of the French word “escroue,” which refers to a scrap of paper holding a deed on behalf of the underlying transactions. People often think of it as a third-party account. It is a bank account where the asset value is held up until the completion … Read more
Benefits of enabling foreign lawyers to practice in India on the principle of reciprocity
Over the past few years, there have been significant changes in the Indian legal market. As a result of liberalization and globalization of trade and commerce in the Indian society, the demand for legal services has been increasing immensely,The Bar Council of India… Read more
Expanding horizons: how the BCI’s new rules will change the Indian legal landscape?
The legal industry in India is about to undergo a major transformation with the introduction of new rules by the Bar Council of India (“BCI”). The BCI has recently released guidelines that aim to expand the horizons of the legal profession, enabling lawyers to… Read more
Bar council of India issues clarification to avoid misapprehension and misinformation
The Bar Council of India (“BCI”) on 10th March 2023 had issued a notification whereby it allowed foreign lawyers and foreign law firms to practice international law in India on a reciprocity basis. Since then, there has been a lot of confusion and misunderstanding… Read more
Breaking down the steps to registering foreign law firm in India
The recent announcement by the Bar Council of India (“BCI”) declares that foreign lawyers and foreign law firms are now permitted to practice law in India, specifically in international arbitration proceedings, foreign law, and other matters related to international law. …Read more
Trust agreement among nominee shareholders
The term “nominee” is basically used for a person or an entity that holds assets on behalf of another entity. The nominee is not the real owner but only acts as a representative of another person. A nominee shareholder is an individual in a business who holds the... Read more
Can mediation strengthen the effectiveness of international commercial arbitration?
For parties seeking to settle cross-border commercial disputes, international commercial arbitration has proven to be an effective dispute resolution mechanism. However, the framework is not without criticism, with some calling for changes to address… Read more
Revolutionising corporate structures: the emergence of nomimee director arrangement
Nominee director arrangements have become an increasingly important aspect of corporate governance in recent years. This is because they provide a mechanism for appointing agents with specialized skills to conduct supervisory and advisory duties on behalf of a… Read more
Enhancing transparency among nominee and beneficial ownership – The new FATF rules
A nominee, as defined in the FATF is a natural or legal person holding a role in a company as an agent acting upon instructions of a nominator who has a more substantive claim to control and/or ownership of the company. In many cases, the nominator is the beneficial… Read more
How to set up Crypto exchange in India?
A crypto currency exchange is a trading platform where users may buy, sell, and swap a variety of crypto assets. The best revenue-generating business concept in the digital world is a crypto currency exchange. A crypto exchange is a platform for buying and selling crypto… Read more
Crypto currency exchange in India
Privately run platforms known as cryptocurrency exchanges make it possible to swap one cryptocurrency for another, as well as for digital, fiat, and NFT currencies. A cryptocurrency exchange is an online marketplace where the user may buy and sell digital… Read more
Resident Director: A mandatory compliance to companies in India
The term resident director refers to a director who has stayed in India for a total period of not less than 182 days in the previous year. The resident director needs a local address in India. Section 149(3) of the Companies Act, 2013 deals with resident directors in India…. Read more
Electric vehicles: An economic and environmental drive towards sustainability
Electric passenger vehicles, launched more than a century ago, are now recognised in key markets such as China, the United States, and Europe as part of the solution to rising global pollution. The term electric vehicle refers to vehicles deploying electric motors for… Read more
Conflict in the fiduciary duties of a Nominee Director on a Joint Venture Board
The concept that directors have a fiduciary duty to the company has been firmly ingrained in the corporate world’s fundamental being, both in spirit and in law. The directors of a corporation are responsible for overseeing or managing the company’s operations. Subject to… Read more
Crypto tax: Taxation of virtual digital assets in India
A cryptocurrency is a digital money that is produced via the use of encryption techniques. Because of the use of encryption technology, cryptocurrencies may act as both a money and a virtual accounting system. To utilise cryptocurrencies, you’ll need a… Read more
National Legal Services Day
National Legal Services Day is observed every year on the 9th November to commemorate the commencement of Legal Services Authorities Act, 1987 which came into force on 9 November, 1995. On National Legal Services Day, legal awareness camps are held by… Read more
Recent developments in Gambling industry in India : An Overview
The IM Panel was constituted in May 2022, to contemplate central regulations for the online gaming industry. The Panel’s discussion has not been made public. However, according to the recent rumours, it is likely to establish guidelines limiting how much cash… Read more
Moonlighting in business– An ethical and legal outlook
Before understanding if moonlighting is ethical or unethical one needs to understand what moonlighting is, it refers to the practice of working a second job outside normal business hours. Therefore, an employee may work a normal 9-to-5 job as a primary source… Read more
Digital Service Tax on ecommerce business: controversy and way ahead
The central government levied a 2% Digital Service Tax (“DST”) on the goods and services of international e-commerce businesses with an annual turnover of at least Rs. 2 crore, including Amazon, Walmart-owned Flipkart, and others, in its Finance Bill of 2020–21…Read more
Prevalence of Natural Justice in arbitral proceedings: Limitations on arbitrators’ discretionary powers
Arbitration is a form of Alternate Dispute Resolution (“ADR“) through which a dispute is resolved outside of the court by an independent and neutral Arbitral Tribunal, undertaking the role of a Judge, to adjudicate and resolve the dispute between the parties. In… Read more
Internet gambling in India: Regulation or prohibition?
With the development of technology and mass communications, the internet has opened up many opportunities for online commerce. One such recent development of the internet has been online gambling. Gambling is any gaming behaviour involving the risking of… Read more
Australia-India Economic Cooperation and Trade Agreement – Key highlights
Recent years have seen remarkable growth in the trading relationship between India and Australia, fuelled by the many complementarities between the two economies. India is the world’s largest democracy and is a market of 1.3 billion people. Its youthful population,… Read more
Windfall tax – Concept and effects on fuel prices
Recently, the Ministry of Finance has justified the imposition of a windfall tax on domestic crude oil producers in July 2022. Windfall taxes are designed to tax the profits a company derives from an external, sometimes unprecedented event—for instance, the energy price… Read more
Diversity in arbitral tribunals: A look into gender and ethnic diversity in International Arbitration
The diversity debate in international arbitration has largely remained uniform, concentrating on the need to give arbitration professionals from historically underrepresented groups. As society grows more global and disruptive forces drive ongoing innovation in how… Read more
Compulsory registration of projects under the Real Estate (Regulation and Development) Act
The Real Estate (Regulation and Development) Act, 2016, (RERA) seeks to protect the interests of home buyers and also boost investments in the real estate sector. The Real Estate (Regulation and Development) Act, 2016 (“the Act”), mandates all real estate projects… Read more
Dual duty of a nominee director- The ball game between obligations to the company and the nominator
Company law states that directors must fulfil their fiduciary duty and act in the company’s best interests. However, it may be challenging for a nominee director (nominee), who also has to take into consideration the interests of their nominator which may be conflicting…Read more
Res Judicata In Arbitration
With alternative dispute resolution becoming more mainstream due to its cost-effectiveness, procedural flexibility, and relatively quick results, it has become a part of the legal system of the country as arbitral tribunals are seen as alternatives to courts.The doctrine of… Read more
Mandatory disclosure of the carpet area under RERA Act
It would be pretty fair to state that the real estate sector is perhaps one of the substantial contributors to economic growth and development in India. Residential real estate sales grew by 60% in the first half of 2022 to 158,705 units across the top eight cities in the… Read more
The Data Protection Bill – Significance, withdrawal, and criticism
The Personal Data Protection Bill, 2019 was introduced in the Lok Sabha by the Minister of Electronics and Information Technology on December 11, 2019. The purpose of this Bill was to safeguard the data of several individuals and establish a Data Protection Authority. The… Read more
Introduction to Real Estate Regulation and Development Legislation
In the realm of dispute resolution, it is not always that the parties are able to afford the costs that come with resolving said disputes. Variety of expenses are involved in litigation and arbitration proceedings such as the fee of their lawyer, costs of the court… Read more
Supreme Court holds “twin conditions” reasonable
The Supreme Court observed that the provisions in Section 45 of the 2002 Prevention of Money Laundering Act, as amended in 2018, are reasonable and have a direct nexus with the 2002 Act’s purposes and objectives for combating the menace of money-laundering… Read more
Third-party funding in arbitration: India and the world
In the realm of dispute resolution, it is not always that the parties are able to afford the costs that come with resolving said disputes. Variety of expenses are involved in litigation and arbitration proceedings such as the fee of their lawyer, costs of the court… Read more
Enforcement of foreign arbitral awards in India
One of the most sought-after dispute resolution mechanisms among parties disputing commercial matters is arbitration. Since arbitration provides autonomy to the parties in various aspects, it is a timely, liberal, and quick method for dispute resolution… Read more
Med-Arb – An effective tool for resolving business disputes
Med-Arb is an acronym for Mediation-Arbitration, it involves a mode of dispute resolution involving both mediation and arbitration integrated. Med-Arb is a hybrid, two-tier process where the parties opt for a medium to resolve their disputes.Med-Arb provides a unique… Read more
45 Important arbitration judgements of 2021
The year 2021 has been quite engrossing for the arbitration sector in India. 2021 was no exception to the trend of promoting arbitration as we witnessed a number of enthralling matters of domestic and international arbitration discussed and deciphered by the top… Read more
Chandrawat & Partners opens HK office
Chandrawat & Partners has established a consulting firm in Hong Kong to service clients ranging from multinational companies to small and medium-sized enterprises and startups. Chandrawat & Partners is a full-service Indian law firm founded by Surendra Singh… Read more
Chandrawat & Partners expand it’s territorial path to Hong Kong
Surendra Singh Chandrawat, the Managing Partner of Indian law firm Chandrawat & Partners, has established a consulting firm in Hong Kong, aiming to provide high-quality corporate and advisory services in Hong Kong and Asia.Chandrawat & Partners has… Read more
The dilemma of cryptocurrency in India
Cryptocurrencies are a form of digital currency based on blockchain technology, widely considered secure, decentralized and providing anonymity to its users, while using cryptography to secure the transaction records. It uses the technique of cryptography to… Read more
Enforcement of foreign judgements in India
The growth of international commerce has necessitated the creation of efficient methods of resolution of disputes. In some situations, securing an award or a final judgment from the courts may only be a battle half won. Judgment from foreign countries may… Read more
Can the non-signatories to an arbitration agreement be bound by it?
As per contract law, a contract cannot bind a non-signatory. Similar to this, the same rule applies to arbitration agreements. Generally, an arbitration can only bind parties who agree to it, however, a non-signatory may occasionally be obligated by an… Read more
