Insights

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…

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. The US Trade Representative believed that this constituted discrimination against American businesses and broke the rules of international tax law because the majority of these overseas enterprises are American. In July of this year, the US government placed a 25% duty on imports from India, but it was quickly lifted.

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 essence, an arbitral proceeding grants the parties to a dispute a fair amount of autonomy to resolve the dispute as per their own terms laid down in the arbitration agreement.

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 money or valuables on the outcome of a game, contest, or other event for financial gain. The outcome of the event depends partially or totally on chance. The industry of gambling can be categorized into activities which involve random outcomes, such as lotteries and slot machines, and activities which can involve judgement, such as some card games and betting on events.

Australia-India Economic Cooperation and Trade Agreement – Key highlights Introduction 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, diversified economy, and growth trajectory present significant opportunities for Australian businesses, including in education, agriculture, energy, resources, tourism, healthcare, financial services, infrastructure, science and innovation, and sport.

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 we conduct business and communicate, it is clear that people in high positions must reflect the variety of the communities they serve. Given the rising regional and sector variety of parties and the ever-expanding scope of conflicts, which have been brought to arbitral courts for settlement throughout the world, the rationale for diversity is arguably even more compelling in the context of international arbitration.

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…

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 related to commercial and residential property to be registered. Non-registration will result in penalties under the Real Estate (Regulation and Development) Act.

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