nishithadmin
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10 November 2017 at 14 : 48 PM
Education Sector Hotline: Deemed to be universities barred from offering courses in distance education mode; November 10, 2017
Read MoreNovember 10, 2017 Deemed to be universities barred from offering courses in distance education mode The Supreme Court of India (“Court”) has recently1 held that: Deemed to be Universities2 are restrained from offering courses in distance education3 mode from the academic year 2018-19 onwards until and unless it is permissible to conduct such courses in […]
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10 November 2017 at 14 : 09 PM
HR Law Hotline: A new challenge for India’s technology sector: Trade union registered in Bangalore; November 10, 2017
Read MoreNovember 10, 2017 A new challenge for India’s technology sector: Trade union registered in Bangalore Trade union exclusive to the technology sector registered in Bangalore Letter issued by Labour Department of Chennai in May, 2016 clarified that technology sector employees are free to form trade unions Greater involvement of trade unions in the technology sector […]
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21 September 2017 at 17 : 27 PM
Deal Corner: Karst Peak Fund invests in Treebo Hotels
Read MoreSeptember 21, 2017 Karst Peak fund invests in Treebo hotels DEAL BRIEF Karst Peak Capital Limited, a Hong Kong-based asset management firm, has participated in the latest funding round of the company managing Treebo Hotels. Ruptub Solutions Private Limited, which runs the Treebo Hotel chain, has also raised additional investment from Ward Ferry and its […]
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15 September 2017 at 15 : 02 PM
Dispute Resolution Hotline: Guarantors and the moratorium under the bankruptcy code: an on-going battle; September 15, 2017
Read MoreSeptember 15, 2017 Guarantors and the moratorium under the bankruptcy code: an on-going battle Allahabad High Court stays proceedings against guarantor of Corporate Debtor in the Debt Recovery Tribunal; Recent pronouncements provide contradictory positions with regard to the scope of moratoriums under the Insolvency and Bankruptcy Code, 2016 (“Code”); During the moratorium, creditors unable to […]
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13 September 2017 at 15 : 00 PM
IP Hotline: Expedited Grant of Patent in India – A Myth or Reality?; September 13, 2017
Read MoreSeptember 13, 2017 Expedited Grant of Patent in India – A Myth or Reality? In 2016, an amendment to the Patent (Amendment) Rules, 2005 (“2016 Amendment Rules”) was brought about. This was done primarily to remove bottlenecks in the patent process, clear pendency of cases, and encourage more filings with a view to give impetus […]
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12 September 2017 at 15 : 36 PM
Dispute Resolution Hotline: Supreme Court chooses to interpret the Insolvency Code for the first time; September 12, 2017
Read MoreSeptember 12, 2017 Supreme Court chooses to interpret the Insolvency Code for the first time Supreme Court holds that: the Code is exhaustive and will be applicable notwithstanding any other prior law in operation; after appointment of interim resolution professional, the directors of the company are no longer in management cannot maintain an appeal on […]
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6 September 2017 at 13 : 58 PM
Ideas and Inspiration in Mauritius
Read MoreHon. Pravind Kumar Jugnauth, Prime Minister of Mauritius Nishith Desai, Founder & Managing Partner, Nishith Desai Associates
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5 September 2017 at 15 : 55 PM
Dispute Resolution Hotline: Indian Supreme Court affirms commitment to Commercial Court’s decision on London seat of arbitration (Roger Shashoua v Mukesh Sharma); September 05, 2017
Read MoreSeptember 05, 2017 Indian Supreme Court affirms commitment to Commercial Court’s decision on London seat of arbitration (Roger Shashoua v Mukesh Sharma) This article was originally published in the 11th August, 2017 edition of Arbitration analysis: Moazzam Khan, co-head of international dispute resolution practice and Tanisha Khanna, a member of the same team at Nishith […]
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4 September 2017 at 15 : 25 PM
Dispute Resolution Hotline: Enforcing Foreign Diktat: Puncturing the Stereotype; September 04, 2017
Read MoreSeptember 04, 2017 Enforcing Foreign Diktat: Puncturing the Stereotype This article was originally published on 24th July 2017 edition of India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award. Indian judiciary is often quoted […]
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1 September 2017 at 15 : 23 PM
Dispute Resolution Hotline: Delhi High Court takes a bite off Vodafone’s BIT claim (India v Vodafone); August 31, 2017
Read MoreAugust 30, 2017 Delhi High Court takes a bite off Vodafone’s BIT claim (India v Vodafone) This article was originally published in the 25th August, 2017 edition of Arbitration analysis: Moazzam Khan, co-head of international dispute resolution practice and Kshama Loya, a senior member of the same team at Nishith Desai Associates consider the recent […]
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31 August 2017 at 15 : 49 PM
HR Hotline: India’s Federal Labour Law on Payment of Wages – Increase in Salary Threshold; August 31, 2017
Read MoreAugust 31, 2017 India’s Federal Labour Law on Payment of Wages – Increase in Salary Threshold The Payment of Wages Act, 1936, is an important federal level labour law The law regulates payment of wages to employees The wage ceiling for applicability has been increased to Rs. 24,000 (~US$ 375) per month The Indian government […]
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29 August 2017 at 15 : 02 PM
Dispute Resolution Hotline: Essar Steel bankruptcy saga: NCLT takes a firm stance yet again; August 29, 2017
Read MoreAugust 29, 2017 Essar Steel bankruptcy saga: NCLT takes a firm stance yet again The National Company Law Tribunal (“NCLT”) admits the S.7i application against Essar Steel, moratorium on legal proceedings declared, and an Insolvency Resolution Professional (“IRP”) has been appointed and directed to make a public announcement; An order passed by the NCLT is […]
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24 August 2017 at 15 : 43 PM
Pharma Hotline: Knee Implants Go Under Scapel Of Price Control In India; August 24, 2017
Read MoreAugust 24, 2017 Knee Implants Go Under Scapel Of Price Control In India Prices of Knee Implants sold in India have been capped effective immediately Trade margins have also been capped Price ceiling is applicable to entire stock currently in market as well as in warehouses Importers and manufacturers to submit revised price list to […]
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22 August 2017 at 16 : 22 PM
Competition Law Hotline: End of Ola’s woes? Competition Commission of India dismisses case for Abuse of Dominance; August 22, 2017
Read MoreAugust 22, 2017 End of Ola’s woes? Competition Commission of India dismisses case for Abuse of Dominance The Commission takes into account dynamic nature of radio taxi market to hold that Ola is not dominant in the market of “Radio Taxi services in Bengaluru” The Commission notes that test for dominance of an entity in […]
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8 August 2017 at 14 : 23 PM
Dispute Resolution Hotline: Caution: Disobeying orders of an arbitral tribunal may land you in jail!; August 07, 2017
Read MoreAugust 07, 2017 CAUTION: DISOBEYING ORDERS OF AN ARBITRAL TRIBUNAL MAY LAND YOU IN JAIL! Supreme Court clarifies that parties can be punished for contempt for any action/default in complying with Tribunal’s order or during the conduct of the proceedings and not merely restricted to taking evidence Introduction The Supreme Court (“Court”), in Alka Chandewar […]
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28 July 2017 at 14 : 40 PM
Dispute Resolution Hotline: NCLT, Courts and the RBI work together to implement the bankruptcy code; July 28, 2017
Read MoreJuly 28, 2017 NCLT, COURTS AND THE RBI WORK TOGETHER TO IMPLEMENT THE BANKRUPTCY CODE Gujrat High Court upholds the RBI Press Note dated June 13, 2017: differential treatment of 12 accounts held to be non-violative of their right to equality; Essar Steel’s NCLT proceedings to continue despite ongoing attempts to restructure debt; The filing […]
