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2 April 2022 at 11 : 02 AM
HR Law Hotline: New Labour Codes in India Delayed
Read MoreApril 02, 2022 NEW LABOUR CODES IN INDIA DELAYED The implementation of the new labour codes in India appears to have been delayed. A press release issued by the (Indian) Ministry of Labour and Employment (“Labour Ministry”) on March 21, 2022 (“Press Release”)1 providing an update on the progress of the new labour codes, does […]
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1 April 2022 at 12 : 12 PM
Climate Change Disputes Series (I) – An Overview
Read MoreApril 01, 2022 CLIMATE CHANGE DISPUTES SERIES (I) – AN OVERVIEW (To watch our video podcast on this topic, please click here.) INTRODUCTION If we are thinking that climate change related problems are in the future, we are ignoring the present. Climate change problems are a present reality, for all. The climate has changed (in […]
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31 March 2022 at 17 : 46 PM
Dispute Resolution Hotline: Put Option Enforced: Conflict with Indian Exchange Control Laws Not a Ground for Setting aside the Award in Singapore
Read MoreMarch 31, 2022 PUT OPTION ENFORCED: CONFLICT WITH INDIAN EXCHANGE CONTROL LAWS NOT A GROUND FOR SETTING ASIDE THE AWARD IN SINGAPORE In a challenge to an arbitral award on the ground of contravention with the public policy of Singapore, courts cannot delve into the findings of fact by the arbitral tribunal, except when there […]
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30 March 2022 at 12 : 28 PM
Dispute Resolution Hotline: English High Court’s guide on litigation privilege and waiver of privilege
Read MoreMarch 30, 2022 ENGLISH HIGH COURT’S GUIDE ON LITIGATION PRIVILEGE AND WAIVER OF PRIVILEGE A decision to rely on privileged material in court would oblige the party to disclose other privileged material on the same issue; A generic mention of privileged materials would not be construed as a waiver, if no reliance is placed on […]
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29 March 2022 at 10 : 51 AM
Education & Healthcare Update: The Future of Health Education in India: Structures for Cross Border Collaborations in the Digital World
Read MoreMarch 29, 2022 THE FUTURE OF HEALTH EDUCATION IN INDIA: STRUCTURES FOR CROSS BORDER COLLABORATIONS IN THE DIGITAL WORLD Education and Healthcare have a lot in common. They both serve the greater social good and are basic human necessities. Looking back over the course of the pandemic, these industries have also witnessed a high degree […]
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17 March 2022 at 18 : 14 PM
Insolvency and Bankruptcy Hotline: Treatment of contingent claims under IBC: Issues and solutions
Read MoreMarch 17, 2022 TREATMENT OF CONTINGENT CLAIMS UNDER IBC: ISSUES AND SOLUTIONS Pre-mature extinguishment of arbitration proceedings or a summary dismissal of a creditor’s claims pending adjudication may appear to be ominous. Such was the position with respect to treatment of contingent claims under the Insolvency and Bankruptcy Code, 2016 (“IBC”). There has been a […]
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11 March 2022 at 12 : 25 PM
Dispute Resolution Hotline: Who appoints the arbitral tribunal under the SIAC Rules
Read MoreMarch 11, 2022 WHO APPOINTS THE ARBITRAL TRIBUNAL UNDER THE SIAC RULES Reading Rule 28.3 of the SIAC Rules and Article 16(2) of the UNCITRAL Model Law on International Commercial Arbitration, jurisdictional objections raised by a party before the arbitrator, after such party failed to participate in the proceedings and file a defence would be […]
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10 March 2022 at 15 : 07 PM
Technology Law + Regulatory Hotline: What does liberalisation of drone laws mean for the Pharmaceutical Industry?
Read MoreMarch 10, 2022 WHAT DOES LIBERALISATION OF DRONE LAWS MEAN FOR THE PHARMACEUTICAL INDUSTRY? Over the past few years, drones have come to be used in various industries and for varied purposes including for agri-tech, logistics and last-mile delivery, surveying operations and even disaster response. Specifically in India, the increasing popularity of drones is reflected […]
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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 […]
