Arbitrator’s Fee: Supreme Court Settles The Law

The Supreme Court of India in the matter of Oil & Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV -2022LiveLaw (SC) 723 had resolved various issues circling around the Arbitrators’ fee. The Court while dealing with the question of Arbitrator’s fee framed the following issues, which are discussed separately in this article: 1.1 Whether the Arbitral Tribunal Can Unilaterally determine their own fees The first question that the Court proceeded to decide was whether an arbitral ...

Current Bank Account Holder - A Consumer Under Consumer Protection Act?

The Consumer Protection Act, 1986, came into existence with the purpose of protecting the rights of a consumer by providing cost effective and speedy redressal of their grievances through a quasi-judicial machinery. Keeping with the developments and evolution of our economy, the Consumer Protection Act, 1986 (“old Consumer Act”), was completely overhauled with the advent of the Consumer Protection Act, 2019 (“new Consumer Act”). The rights and protection granted by the Act are extended ...

History And Development Of John Doe Orders In India

What is a John Doe Order? A John Doe order is an order passed by a Court against the world at large. A John Doe order is a type of legal order that allows a person or entity to take legal action against an unknown party or parties. This type of order is often used when the identity of the person or entity being sued is not known at the time when the legal action is being taken. John Doe orders are commonly used in cases involving anonymous internet users, or when a company is seeking...

Adidas Battle Against Its “Three Stripe Mark”

Adidas lost a trademark infringement lawsuit against Thom Browne, claiming the luxury fashion label exploited the sportswear giant's famed “three-stripes” logo design without authorization.[1] Adidas has vigorously enforced its trademark rights to its “three-quadrilaterals” logo, which it first began using on footwear in 1952. The company owns 24 federal trademark registrations for different variations of the stripes, covering all kinds of apparel. The jury deliberated for three hours...

Examining ‘Design Piracy’ In View Of Delhi HC Judgement

Issue: The plaintiffs filed a suit of an infringement against Defendant alleging infringement of their registered Design No. 306577, under Section 22(1) of the Designs Act, 2000. The defendant contested the suit with Section 22(3) read with Section 19(1)(b) and (c), stating that the plaintiffs ‘design is not new, and is lacking in novelty and originality through prior art publication. While dealing with an issue of design piracy, the High Court of Delhi in the matter of Diageo ...

E-Sports & E-Doping In Light Of The National Anti-Doping Act, 2022

The National Anti-Doping Act, 2022 came into force on 12th August 2022 after receiving the President’s assent with an objective to -“provide for the constitution of the National Anti-Doping Agency for regulating anti-doping activities in sports and to give effect to the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport, and compliance of such other obligations and commitments thereunder and for matters connected therewith or...

Notable IPR Developments Of 2022 (January - December 2022)

POLICY CHANGESPublication of Delhi High Court Intellectual Property Rights Division Rules, 2022.[1]On February 24, 2022, the Delhi High Court Intellectual Property Rights Division Rules, 2022 and the High Court of Delhi Rules Governing Patent Suits, 2022 were published in the Official Gazette. All IPR lawsuits, cases, procedures, or disputes before the IPD of the Delhi High Court are subject to the Rules. According to the Rules, “IPR subject matters or cases or processes or disputes” refer to...

The Unravelling Of The Delhi’s Ridges And Riches: The Impact Of Sonya Ghosh Vs. Government Of National Capital Territory Of Delhi

Delhi, the city that abodes the infamous Delhi Ridge and the river Yamuna, has been one of the more prolific capitals in the world. With the influence of the city’s heritage and cultural influx, Delhi has seen it all. The Ridge as it is known, has been nomenclatured as Delhi’s ‘Green Lungs’, and has been protected and preserved ever since the 14th Century, when Ghiyas-ud-Din Tughlaq built the fort city of Tughlaqabad right beside the present day Asola Bhatti Wildlife Sanctuary. The...

Indian Insolvency Yearly Review 2022

In recent years, several noteworthy judgments have been rendered by the Indian Courts in matters pertaining to the law of insolvency in India and in particular the Insolvency and Bankruptcy Code, 2016. This article covers ten such significant decisions rendered by the Supreme Court of India in the year 2022.1. Vidarbha Industries Power Ltd. v. Axis Bank Ltd. The power to admit a Section 7 application filed under the IBC is discretionary in nature. Therefore, it is not mandatory for the ...

"Law of Wills" For Common Man

Q1. What is a Will? Is there any enactment which governs the law relating to the Wills? The Indian Succession Act, 1925 (ISA) is the law governing Wills and matters relating thereto. It applies, inter alia, to Hindus. It is also relevant to mention that in terms of Section 30 of the Hindu Succession Act, 1956 (HSA), any Hindu may dispose of by Will or other testamentary disposition, such as Family Trust Deed, assignment of right to manage temples etc., any property, which is...

Ten Landmark Judgments On Arbitration In The Year 2022

In recent years, several noteworthy judgments have been rendered by the Indian Courts in matters pertaining to the law of arbitration in India. This article covers ten such significant decisions rendered by the Supreme Court of India in 2022 1. INDIAN OIL CORPORATION LTD. Vs. NCC LTD. While a Court acting under Section 11 of the Arbitration Act can consider the aspect of accord and satisfaction of claims of the arbitrating parties. However, cases with debatable facts and reasonably...

The Dilemma Around Round Tripping

Until very recently, the regulatory approach in India was to restrict foreign investments made in India through "round tripping". The concept of "round tripping" has not been defined or laid down in any laws in India. As a concept, round tripping occurs when money circles back to the country of origin from where the investment was initially made. For e.g., an individual sets up a company overseas, and that company proceeds to make acquisitions in India. Such investments were largely...