Force Majeure in Times of War
The future is uncertain. It would be prudent to act in a risk-averse manner, leaving room for the unknown, particularly in these volatile times. The commercial and legal professions have long since tried to incorporate such risks into contractual agreements, in the form of a Force Majeure clause. From the simple exceptions of unforeseeable events …
Children in the online world: are they safe?
With the dawn of an era which intends to preserve the rights manifested with respect to data privacy and associated rights bestowed upon an individual, leaving behind the rights accruing in favor of the “children of men” will be unbecoming. Given the fast-paced digital ecosystem, which is now moving towards focusing on targeted and child …
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DOCTRINE OF DE MINIMIS VIS-À-VIS COPYRIGHT INFRINGEMENT
In the world of social media where people are hooked onto reels, memes and tend to click pictures, vlog their experiences, and post the same on their respective social media handles such as Instagram and Facebook, they unknowingly tend to infringe copyright of multiple owners on multiple occasions in multiple jurisdictions.
Unconditional Stay of Arbitral Awards: A Step back for Arbitrations in India
Introduction: Arbitration has emerged as the forerunner as a means of dispute resolution in recent times. The primary attractions for contracting parties to opt for arbitrations include time and cost efficiency, flexibility of procedures and most importantly, the minimal judicial intervention. In all legal systems, any challenge to arbitral awards is limited to maintain the …
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EVOLUTION OF ESPORTS – A TRANSACTIONAL VIEW
Introduction Owing to the dismal happenings around us caused by a pandemic, the year 2020 had horror in store for every sector, across industries and jurisdictions. The world stood still and suddenly, there was no sporting event to attend, no new movie release in a theatre next door, no live performance/s and no schools, and …
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What To Do When You’re Broke: The Laws Governing Personal Bankruptcy In India
The ongoing pandemic and the related economic downturn have affected most citizens of the country and distressed the finances of even the best financial planners amongst us. Despite the moratorium offered by banks, the successive lockdowns in different parts of the country and the continued suspended functioning of markets have caused several businesses to struggle …
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Primer on Pre-Packaged Insolvency Resolution Process under the Insolvency & Bankruptcy Code, 2016
Introduction The Hon’ble President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 on the 4th of April 2021 (“Ordinance”)[1] to introduce the much-awaited Pre-Packaged Insolvency Resolution Process (“PPIRP”) under the newly inserted Chapter-IIIA of the Insolvency and Bankruptcy Code, 2016 (“IBC”) primarily to allay the concerns of small entrepreneurs whose businesses have …
POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS: PART 2
Introduction: In Part 1 of this article, the author carved out the distinction between privacy rights, publicity rights and the right to reputation and established that the right to personality/publicity flows from the right to privacy. While the Supreme Court of India in the Puttaswamy case[1] has clarified that privacy rights do not survive the …
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POSTHUMOUS SURVIVAL OF PRIVACY & PERSONALITY RIGHTS: PART 1
Introduction: Every individual is entitled to various rights during his lifetime, of which, one of the most basic, is the right to privacy. Closely related and connected with privacy, is the right of each individual to protect his reputation, as well as to prevent the use of his personal and identifying attributes. While reputation and …
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