Author: aarnalawadmin
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How final is final?
A recent decision by India’s Supreme Court has set out the special conditions in which an arbitral award can be reviewed because of a miscarriage of justiceExplore the implications of India’s Supreme Court overturning a significant arbitral award in Delhi Metro Rail Corporation Ltd. v Delhi Airport Metro Express Pvt. Ltd. Discover the limits of judicial review in arbitration and its impact on contract interpretation.
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Parties must present evidence of governing law to prevent the default application of Indian law
TransAsia Private Limited, a Hong Kong-based company, was seeking the enforcement of an ex parte foreign judgement against Mr. Gaurav Dhawan before the High Court of Delhi.
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Why an additional director can bring value to your business
Under Indian law, someone unconnected with the business but with the skills and experience to be a director, can join the board as an “additional director” and bring a fresh perspective to how the company is managed. Below we examine the steps needed to appoint such a director and how additional directors can help drive…
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New free trade agreement between EFTA and India offers enhanced IP rights for business owners
After more than 16 years of negotiations, the European Free Trade Association, which consists of four countries Switzerland, Liechtenstein, Iceland, and Norway, has entered into a Trade and Economic Partnership Agreement with India. The agreement, signed on March 10, 2024, includes a reduction of import tariffs by India on goods from the EFTA countries, while…
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Consumer perception is crucial in determining the similarity of product labels
Allied Blenders, a liquor manufacturer, has owned the registered trademark for Officer’s Choice Prestige Whisky since 2013. The company brought a case against Hermes Distillery
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Why independent directors can help strengthen corporate governance
An independent director contributes significantly to corporate governance by offering an impartial and objective viewpoint during a company’s
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How co-owners can seek division of jointly held property
Joint property refers to ownership held by two or more individuals simultaneously. The form of ownership commonly includes joint tenancy and tenancy in common.
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Group of Companies Doctrine: When non-signatories are bound by arbitration agreements
The principle that allows third parties to be bound by an arbitration agreement, known as the Group of Companies Doctrine (hereinafter referred to as ‘Doctrine’), was initially articulated by the International Chamber
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The less-known benefits of well-known trademarks
What are Well-Known Trademarks? “Well-known Trademarks” – are trademarks so well-recognized by the general populace that they are easily associable with the proprietor using them. Any trademark dubbed as ‘Well-Known’ tends to become generic to the goods/services being provided through it. A well-reputed trademark generally inspires trust and faith towards the brand it represents, and an assurance…
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Indian Constitution reinforces the right to be forgotten
X v. The Registrar General, High Court of Karnataka & Ors. The relevance of the right to be forgotten in cyberspace is being extensively addressed by courts in India. Through a simple online search, users now have access to the judgments of the Constitutional Courts through their websites and other third-party intermediaries. In addition, publishers…