Change in Law in Power Purchase Agreements: Coal Block Cancellation and the Allocation of Contractual Risk
Introduction The long-term stability of India’s power sector depends not only on generation capacity and infrastructure growth, but also on the legal and regulatory certainty governing fuel supply arrangements. Power Purchase Agreements (“PPAs”), particularly those executed through competitive bidding under the Electricity Act, 2003, are structured on commercial assumptions relating to the long-term availability, pricing, …
Investing in Indian Infrastructure: What Foreign Investors Need to Evaluate Beyond Financing
India’s infrastructure sector continues to attract unprecedented international attention. From renewable energy parks and airports to data centres, logistics corridors, urban mobility systems and green hydrogen projects, global institutional investors are increasingly viewing Indian infrastructure as a long-term strategic asset class rather than merely an emerging market opportunity.
Section 28A of the Land Acquisition Act: Bombay High Court Clarifies That Compensation Is Not Capped by the Foundational Award
Introduction The principle underlying compulsory land acquisition is that when private property is acquired by the State for a public purpose, affected landowners must receive fair and reasonable compensation. However, under the framework of the Land Acquisition Act, 1894, a significant disparity historically emerged between landowners who sought judicial enhancement of compensation under Section 18 …
Section 133 of the Indian Contract Act: Variance of Contract and Limitation of Surety Liability upon Unilateral Enhancement of Credit Facilities
Introduction Contracts of guarantee play a critical role in modern banking and commercial lending transactions. Financial institutions routinely rely on personal guarantees and corporate guarantees to secure repayment obligations where borrowers lack sufficient collateral security. At the same time, the Indian Contract Act, 1872 incorporates important statutory protections to ensure that a surety’s liability is …
Challenging ‘Purported Awards’ under Section 34 of the Arbitration and Conciliation Act, 1996: Doctrinal Foundations and Emerging Jurisprudence
By Deepika Kumari, Partner – King Stubb and Kasiva Introduction One of the recurring jurisdictional questions in Indian arbitration law concerns the status of a “purported arbitral award” namely, an award rendered in the absence of a valid arbitration agreement or by a tribunal lacking inherent jurisdiction. The issue raises a fundamental doctrinal question: can …
Reconsidering Compromise and FIR Registration: A Doctrinal Analysis of Mandatory FIR Registration under the CrPC and BNSS
By K. Vidya, Partner – King Stubb and Kasiva Introduction The relationship between compromise settlements and the mandatory registration of FIRs continues to generate significant debate within Indian criminal jurisprudence. A recurring question before courts is whether an attempted settlement between parties can dilute or postpone the statutory obligation of the police to register an …
The Role of Intellectual Property (IP) Policy in the Malaysian Public Sector
In Malaysia, intellectual property (IP) is no longer confined to private enterprise, it has become an increasingly valuable asset within the public sector. Government agencies, statutory bodies, and public universities generate significant IP through publicly funded research, administrative innovation, and service delivery improvements. The National Intellectual Property Policy (NIPP) provides the overarching framework, while the …
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Balancing Energy Demand and Climate Goals: Is Nuclear Power the Answer for Malaysia?
As Malaysia accelerates its pursuit of net-zero carbon emissions by 2050, a fundamental question surfaces: should nuclear power form part of the nation’s energy strategy? Industrialisation, rapid urbanisation, and the expansion of digital and manufacturing sectors are intensifying Malaysia’s electricity needs, even as the country commits to ambitious global climate goals under the Paris Agreement …
Loophole or Sovereignty? Judicial Limits on the Extraterritorial Reach of U.S. Sanctions in Malaysia
In recent years, the issue of sanctions has become highly relevant in shipping and international trade due to geopolitical developments. This article will focus on sanctions implemented by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury, and the manner in which Malaysian courts engage with U.S. sanctions law.
Insurtech in India: An Overview
Date: 1 June 2026 Introduction India’s insurance sector has grown rapidly over the past two decades, with various reports indicating a compounded annual growth rate of approximately 17% during this period[[1]]. In the last financial year alone, the industry recorded total premium income of approximately USD 82.49 billion[[2]] and it is expected to continue growing …