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9 March 2022 at 18 : 32 PM
Technology Law Analysis: The RBI stand on crypto lacks balance
Read MoreMarch 09, 2022 THE RBI STAND ON CRYPTO LACKS BALANCE This article was originally published in Mint on March 02, 2022. The central bank’s recent tirade ignores many facts that weaken its case for an outright crypto ban A public authority must be neutral and fair-minded. While some concern over cryptocurrency is understandable, recent Reserve […]
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8 March 2022 at 12 : 12 PM
Dispute Resolution Hotline: Interim protection available only against the “fruits” of the Arbitral Award
Read MoreMarch 08, 2022 INTERIM PROTECTION AVAILABLE ONLY AGAINST THE “FRUITS” OF THE ARBITRAL AWARD Application for interim protection at the post arbitral award stage must be confined to only the “fruits” of the arbitral award; Complete consensus ad idem is required in all parts of a contract before specific performance can be directed; Granting […]
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4 March 2022 at 21 : 48 PM
Gaming Hotline: The time for a central law for India’s Online Gaming Industry is now
Read MoreMarch 04, 2022 THE TIME FOR A CENTRAL LAW FOR INDIA’S ONLINE GAMING INDUSTRY IS NOW Over the years, we, at Nishith Desai Associates, have been advocating for a Central law for India’s online gaming sector1. In this article, we discuss recent court rulings on real-money skill games and suggest a way forward for […]
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4 March 2022 at 14 : 01 PM
The Data Protection Bill: In Search of a Balanced Horizontal Data Protection Framework
Read MoreMarch 04, 2022 THE DATA PROTECTION BILL: IN SEARCH OF A BALANCED HORIZONTAL DATA PROTECTION FRAMEWORK We are excited to announce our latest series of quick takes on the emerging data protection framework in India, and its implications for the Government, the industry and other stakeholders. We are kick-starting the series with our first […]
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3 March 2022 at 17 : 50 PM
New Publication: Digital Health in India
Read MoreMarch 03, 2022 We are currently in the midst of an “information age” where the world is populated by various forms of technologies which contribute to the advancement of the global society. One of the prime multi-disciplinary segments of technology is “Digital Health” which is the integration of technologies such as robotics, artificial intelligence, […]
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2 March 2022 at 12 : 03 PM
New Publication: Social Finance Series Issue I: Leveraging Crypto Assets in India
Read MoreMarch 02, 2022 In recent times, the reduction in overall availability of philanthropic capital and the continuous pressure towards efficient use of limited funds has driven the social finance space to explore innovative ways of deploying the available limited funds. The industry has relied on leveraging newer technologies and has explored a few innovative […]
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1 March 2022 at 15 : 40 PM
Investment Funds: Monthly Digest: Special Situation Funds: An Attempt to Revolutionalize Stressed Assets Space
Read MoreMarch 01, 2022 SPECIAL SITUATION FUNDS: AN ATTEMPT TO REVOLUTIONALIZE STRESSED ASSETS SPACE This article was originally published in Indian Venture and Alternate Capital Association blog on February 15, 2022. SUMMARY Dibya Behera, Shivam Ahuja and Arjun Gupta analyse the Securities and Exchange Board of India (“SEBI”)’s recent move of introducing Special Situation Funds and […]
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1 March 2022 at 12 : 42 PM
Education Sector Hotline: Gift City’s Gift- Welcome Foreign Universities
Read MoreMarch 01, 2022 GIFT CITY’S GIFT- WELCOME FOREIGN UNIVERSITIES India’s budget of 2022-23 has come bearing a unique gift–of allowing world class foreign universities in the Gift City! The budget speech by the Hon’ble Finance Minister notes that ‘world-class foreign universities and institutions will be allowed in the GIFT City to offer courses in […]
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28 February 2022 at 19 : 59 PM
Transaction Documents – Part II (February 22, 2022)
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28 February 2022 at 12 : 24 PM
HR Law Hotline: Fear or Cheer? Running the Last Mile on Labor Law Consolidation in a Pandemic World
Read MoreFebruary 28, 2022 FEAR OR CHEER? RUNNING THE LAST MILE ON LABOR LAW CONSOLIDATION IN A PANDEMIC WORLD This article was originally published in the February 2022 edition of SUMMARY Unless we live under a rock, we all know about the ongoing labor law consolidation! Yes, the four Labor Codes – the Code on Wages, […]
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25 February 2022 at 14 : 19 PM
Yes, Governance Matters. – ESG: Yogi of Dalal Street
Read MoreFebruary 25, 2022 ESG: YOGI OF DALAL STREET The operations and governance of a stock exchange must always be above board and for all to see. It is unfortunate that the then board and management of the NSE permitted it to be dragged into such a needless crisis. Having done so, the management of the […]
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23 February 2022 at 15 : 29 PM
Tax Hotline: Tribunal’s Rules on MFN Clause: Juxtaposed with CBDT’s Circular
Read MoreFebruary 23, 2022 TRIBUNAL’S RULES ON MFN CLAUSE: JUXTAPOSED WITH CBDT’S CIRCULAR Pune Tribunal rules in favour of taxpayer to allow benefit of MFN clause under India – Spain tax treaty. Holds that there is no requirement to separately notify a Protocol to a tax treaty to make its provisions effective, given that the […]
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21 February 2022 at 15 : 54 PM
Dispute Resolution Hotline – District Courts v. High Courts having original civil jurisdiction: Supreme Court’s verdict on courts having jurisdiction to execute foreign decrees
Read MoreFebruary 21, 2022 DISTRICT COURTS V. HIGH COURTS HAVING ORIGINAL CIVIL JURISDICTION: SUPREME COURT’S VERDICT ON COURTS HAVING JURISDICTION TO EXECUTE FOREIGN DECREES Where there is a split jurisdiction between High Courts exercising original jurisdiction and District Courts based on pecuniary value, such High Courts would be competent to execute a foreign decree of the superior court […]
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16 February 2022 at 16 : 57 PM
Dispute Resolution Hotline: What is ‘acceptable error’ and ‘unacceptable error’ in an arbitral award? Supreme Court clarifies the scope of judicial intervention
Read MoreFebruary 16, 2022 WHAT IS ‘ACCEPTABLE ERROR’ AND ‘UNACCEPTABLE ERROR’ IN AN ARBITRAL AWARD? SUPREME COURT CLARIFIES THE SCOPE OF JUDICIAL INTERVENTION An erroneous contractual interpretation by an arbitrator should not lead to setting aside of an arbitral award if the interpretation is a plausible one. A contractual interpretation which results in rewriting the […]
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11 February 2022 at 18 : 20 PM
CE – ESG and Crisis Management at the Board with a discussion on the Bharatpe controversy (February 08, 2022)
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11 February 2022 at 16 : 42 PM
Technology Law + Regulatory Hotline: Foreign Drone Imports Restricted: Boost for Make in India
Read MoreFebruary 11, 2022 WILL THREAT OF ATTACHMENT OF ASSETS BY ED RESURFACE DURING LIQUIDATION PROCESS UNDER IBC? India has largely prohibited import of drones Import of drone components exempted to encourage domestic drone manufacturing Move to incentivise domestic drone manufacturers and boost investments Drone imports allowed only for limited activities upon obtaining import authorisations […]