India's Personal Data Protection Bill, 2019 - An Update

In December 2019, India's Ministry of Electronics, and Information Technology tabled the Personal Data Protection Bill, 2019 (the "PDP Bill") in the Lok Sabha. However, the PDP Bill, as drafted, raised several issues and challenges in implementing a robust data protection framework. In December 2020, the Parliament referred the PDP Bill to the Joint Parliamentary Committee (the "Committee"). The Committee had extensive hearings and tabled its report on the PDP Bill in both houses of...

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act

In another recent judgment of the Delhi High Court in a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 challenging the appointment of an Arbitrator, the High Court affirmed the settled law that there is no bar in appointment of an Arbitrator in multiple cases, if so warranted. In this case, the stand of Respondent was that since the disputes between the parties arising out of same contract are being adjudicated by the existing Arbitral Tribunal (AT) in which...

Social Media Platforms & Their Future under Proposed Data Protection Laws

On December 11, 2019, a Joint Parliamentary Committee on the Personal Data Protection Bill, 2019 ("JPC") was constituted with the goal to dissect and analyze the Personal Data Protection Bill, 2019 ("2019 Bill"). With one of its endeavours being to integrate the 2019 Bill into the fast-developing landscape of data, the JPC, in its report tabled before both houses of the Parliament on December 16, 2021[1] ("Report"), highlighted various lacunae that exist in the preexisting 2019 Bill, the...

Trade Dress Protection-Comparative Study Of The Global And Indian Position

What is a Trade Dress? Trade Dress refers to a product's visual appearance, such as packaging, form, and colour combination, that competitors can register or protect in terms of their company and services. It aids consumers in recognizing the product and distinguishing it from others; it also aids an illiterate consumer in distinguishing the goods based on their packaging. The United States was the first to recognize this notion. The new Trade Marks Act of 1999, which was primarily...

Termination Requirements Under New Shops And Establishments Act

These days, everyone is witnessing major reforms happening in Indian labour laws in order to replace the archaic regulations which does not fit in the current regime. One of such reforms is the enactment of new Shops and Establishments Act ("S&E Act") on the lines of Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016 ("Model S&E Act"). There were three major reasons behind introducing this Model S&E Act; first, it modernizes existing...

Indian Courts on Arbitration – 2021

In 2021, the Supreme Court of India and High Courts rendered decisions on various aspects of arbitration law. In their line of judgment, the courts continued the pro-arbitration and minimal interference trend. Courts ruled on international commercial and domestic disputes, including the arbitrability of disputes, party autonomy, the role of courts before and during arbitration and the challenge of arbitral awards.Towards the end of 2020, the Supreme Court in Vidya Drolia v. Durga Trading...

Whether Liquidated Damage Is Waived If Not Imposed In The First Instance

The most recent judgment of the Hon'ble Supreme Court, in the matter of Welspun Specialty Solutions Limited Vs. ONGC; reported as 2021 SCCOnline SC 1053 may stimulate rethinking in the manner of operation of liquidated damages clauses found in several contracts. In this case, the apex court finally upheld an award passed by a ld. sole arbitrator holding that ONGC was not entitled to recover liquidated damages having waived imposition of LD while granting first two extensions. I. ...

End Of An Anomaly: Applicability Of Real Estate (Regulation And Development) Act, 2016 Held Retroactive

The Hon'ble Supreme Court of India in its latest judgment M/s Newtech Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors. dated 11.11.2021 held that the provisions of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as "the Act) shall be applied retroactively to the projects that are ongoing on the date of the commencement of the Act. The debate between the Act being applicable retroactively or retrospectively is long drawn and find its roots...

Overview Of The Recent Regulatory Changes Concerning Alternative Investment Funds In India

The Securities Exchange Board of India (hereinafter referred to as "SEBI") has recently amended the Alternative Investment Funds Regulations, 2012 (hereinafter referred to as the "AIF Regulations") to inter alia, require filings for placement memorandums with SEBI to be done through a SEBI registered merchant banker effective November 11, 2021. Further, vide its circular dated October 21, 2021 ("Circular"), SEBI has issued the modalities for such filings including the obligations of the...

Territorial Jurisdiction Of CBI Special Court Situated At Delhi's Rouse Avenue Court Complex, Challenged

Jurisdiction of the CBI Courts situated at the Rouse Avenue Court Complex, New Delhi to try and entertain the matters under the Prevention of Corruption Act, 1988 was questioned during the course of arguments upon the application u/s 91 Cr.P.C. preferred in the matter of CBI v. S.K. Jain & Others pending before the Court of Sh. Chandra Shekhar, Ld. Special Judge, R.A.C.C., New Delhi. During the course of arguments, the court questioned its territorial jurisdiction to try the...

The Drone Rules, 2021- New Wings To The Drone Technology

The Drone Rules, 2021 came into effect on 25th August 2021 replacing the earlier draft regulations namely Unmanned Aircraft System Rules 2021, to regulate and revamp the use and operation of Drones or Unmanned Aerial System ("UAS") in India. These rules are a liberalized version of the previously enacted UAS Rules. The Drone Rules, 2021 have also done away with the strict requirements as to the need and possession of certificates relating to the maintenance of drones and its associated...

Sustaining A Viable Mediation Advocacy Practice

It is not uncommon to find lawyers and litigants who are suspicious and sceptical about Mediation. On the other hand, there are lawyers and mediators who believe in the power of Mediation. It was a privilege to engage in a discussion moderated by Tara Ollapally (Co-Founder & mediator at CAMP) and having Sahil Kanuga (Head, Commercial Disputes; Nishith Desai Associates), Ganesh Chandru (Partner, Dua Associates), Rahul Kothari (Founder, Squarely Legal) and Ekta Bahl (Partner, Samvad...