Category: Blogs
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The benefits of mediation in the art and cultural heritage sector
When it comes to art disputes, perhaps the most obvious example that comes to the mind is that of copying the work of another person.
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Case update: M.K. Rajagopalan v. Dr. Periasamy Palani Gounder
In the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder, the Supreme Court provided clarification regarding the requirements for determining the eligibility of a Resolution Applicant. The Court held that the commercial decisions made by the Committee of Creditors must not exceed the boundaries set by the law. Accordingly, the Court affirmed the order…
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When can parties raise objections on jurisdiction?
Parties to an international arbitration can object to the jurisidiction of the seat of arbitration through “preliminary objections”. These can be heard separately before the full matter–a process known as bifurcation– and can result in considerable costs savings to both parties.
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The fame game: why we need more clarity on celebrity rights
We live in a celebrity-driven economy. The notion of ‘celebrity’ has undergone a significant change in the recent years, where newer concepts of popularity such as ‘influencers’ have altered the impact and meaning of the term. This article explores the various rights available to a celebrity to protect their status, personalities and image. We also…
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India’s Nuclear Law – Working towards a more inclusive framework
The Civil Liability for Nuclear Damage Act is an Indian legislation that establishes a legal framework for addressing civil liability for nuclear damage caused by nuclear incidents. The Act provides for compensation to victims of nuclear incidents, defines the liability of operators, and outlines the process for claiming and distributing compensation.
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Protection of cultural heritage and property
Cultural property is targeted for two reasons during armed conflict: casualities resulting from military necessity and the exigencies of war, and purposeful destruction of cultural property as a determined warfare policy utilized by one or both sides to the battle. The international community should protect cultural heritage against both conventional military forces’ operations during symmetric…
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Case update: Kotak Mahindra Bank Ltd. v. Narendra Kumar Prajapat
The High Court of Delhi first looked into the question of whether a person ineligible under Section 12(5) of the A&C Act can be appointed as an arbitrator
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FLDG Guidelines: Regulating Digital Lending
FLDG GUIDELINES: REGULATING DIGITAL LENDING Introduction On 8th June 2023, the Reserve Bank of India released the much-awaited guidelines on First Loss Default Guarantee (“FLDG”) in the form of a Notification No. RBI/2023-24/41 titled, “Guidelines on Default Loss Guarantee (DLG) in Digital Lending” (“2023 Guidelines”).[1] This new framework sets out new provisions and rules for…
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The Role of Arbitration and Mediation in Insolvency
Introduction In this article, Shreyas Jayasimha, Punthi Shah and Tushar Tyagi analyze how Alternative Modes of Dispute Resolution have been gaining traction across the world as an apt alternative to litigation, including with particular reference to India. Insolvency proceedings in recent times have clashed with such alternative modes of dispute resolution, especially arbitration. In this…
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Setting a strategy to tackle counterfeits
World Anti-Counterfeiting Day was marked on 8 June 2023. This annual occasion is a reminder of the importance of tackling counterfeiting and piracy, and the need to raise awareness of the threat that counterfeits pose. As EUROPOL states, the trade in counterfeit and pirated goods is a major challenge in an innovation-driven global economy. “The…