Law Firm Articles
Indian Arbitration – Yearly Review (Landmark Judgments Rendered In The Year 2020)
In recent years, various Indian courts have delivered decisions that have aimed to reduce the scope of intrusion in the arbitral process and make India an arbitration-friendly jurisdiction. The year 2020 was no exception to the trend of promoting arbitration, as we witnessed some landmark judgments being delivered to fortify the contours of the law of arbitration. We have summarised twenty of the most significant judgments rendered during the year 2020 in this article.1. State of Gujarat ...
Non-Convertible Debentures: Entry Routes For Foreign Investors
Since January 2020, there have been more than 10[1] public issues of non-convertible debentures (NCDs) and over 1,600[2] private placements of corporate bonds in India, which is encouraging given the COVID-19 pandemic and brief loss of investor appetite in the initial phase of the pandemic. An increasing number of M&A transactions also now involve NCDs as a form of consideration/funding. As such, the rising popularity of NCDs as a preferred mode of structured debt in India is not...
Online Gaming In India: A Legal Puzzle
India's online gaming industry has been buzzing with activity of late. The industry has already seen phenomenal growth and offers vast potential ahead, given India's young population and the expansive reach of mobiles and internet. Industry revenue is expected to grow from around USD 600 million in FY18 to USD 1.6 billion by FY23, at a CAGR of 22.1%[1]. Fantasy sports games, in particular, have received much interest from Indian and foreign investors. Dream 11 reportedly became India's ...
The New Indian Data Privacy Bill & Its Impact On Business
Data is a collection of names, numbers, dates, measurements formatted to be machine readable. Data is responsible for boosting a company's revenue, building target audience as well as modifying their products or services to meet demands. Several sources predict exponential growth where size of data doubles every two years. The growth rate has multiplied from two zettabytes in 2010 to 59 zettabytes in 2020. It is forecasted to go beyond 149 zettabytes in the next four years (Statista,...
Litigation Funding
Litigation Funding, commonly referred to as Third-Party Funding (TPF), refers to the process of covering a party's litigation expenses by a funder in return, for a share in the litigation's monetary award. Litigation funding can cover the costs of any kind of dispute resolution process, whether it is conventional legal proceedings, arbitration and/or mediation. Under Litigation Funding, all or part of the costs borne by one of the parties to the arbitral proceedings is funded by an ...
IBC: Can IRPs And RPs Unilaterally Amend Existing Contracts Executed By Debtors?
The Insolvency and Bankruptcy Code, 2016 (IBC) aims to revive debtor entities facing financial stress. Approval of a resolution plan for a debtor by its financial creditors marks the success of the IBC process, but the period leading up to it – the 180-day corporate insolvency resolution process (CIRP) – is also critical. Interim resolution professionals (IRPs) and resolution professionals (RPs) run the management and affairs of the debtor during this period and have the important task...
Simultaneous CIRPs Against Principal Borrower And Corporate Guarantor For The Same Debt
In any financial transaction pertaining to granting loans to the corporates, one of the most conventional methods adopted by banks and financial institutions include obtaining a guarantee from either the promoter or the holding/group companies of such corporate. Such guarantees and related contracts are governed under the provisions of Indian Contract Act, 1872 under the principle of coextensive liability of the surety and the principal debtor. However, after the introduction of the ...
Patent Landscaping
A patent is an exclusive right granted by a sovereign authority for an invention. It can be a product, process, a novelty or an improvement, or a solution to a problem. It plays an essential role in encouraging innovation and development across all sectors. Inventors gain exclusive rights to the process or design for a fixed period (which varies per jurisdiction), In exchange, the creator must provide particulars regarding the invention. Patents both incentivize and protect companies in...
Online Gaming Advertisements To Be Self Regulated
There has been a flurry of online gaming apps in the recent past in India. As highlighted in our recent article about the rise of fantasy sports in India, there seems to be a huge rush in the market to cash in on the online gaming wave which has been received pretty well and has also seen huge investment flowing in. Background:With the spurt of new entrants in the market and the rising competition, online gaming apps have used the TV commercials route i.e., both cable TV as well OTT ...
First Response: Computer Forensics
In the electronic era, information is left behind as digital footprints in cyberspace. The trail of digital evidence is searched, identified and analyzed to link and reconstruct the chain of events. Forensic Investigation of cybercrime cases is complex and depends on evidence identified, recovered and reasoning. The first responder is the first person to arrive at the scene and can even be a complainant to the crime. Once the physical boundaries or electronic scope of the crime are...
Labour Law Case Summary- Half Yearly Update Part-1
This compilation is the first part of the two-part series through which we seek to provide a brief overview of the recent judicial decisions on labour laws rendered in the period, April, 2020 to September, 2020, by the Supreme Court and various High Courts of India For the purposes of the instant part, we shall be covering judicial decisions rendered under the following legislations: Employee's Compensation Act, 1923 ("Employee's Compensation Act");Employees' State Insurance Act,...