INTERPLAY BETWEEN THE MSME ACT, 2006 AND THE ARBITRATION AND CONCILIATION ACT, 1996
In India, most arbitrations are governed by the Arbitration and Conciliation Act, 1996 (“1996 Act”). However, in certain cases, statutes provide for a statutory mechanism of arbitration where the Act may or may not apply [1]. In the case of the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSME Act”), the same provides for …
ELECTRIC VEHICLE INDUSTRY IN INDIA- A Regulatory Overview
To reduce its carbon emissions and give a much-needed boost to the manufacturing and adoption of Electric Vehicles (“EV”), the Government of India, in March 2011, launched the National Mission of Electric Mobility (“Mission”) to promote electric mobility in the country. India also made a firm commitment at the United Nations Climate Change Conference held …
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CERT-IN’S SIX HOUR REPORTING RULE FOR CYBER SECURITY INCIDENTS- Statutory Interpretation and Analysis
Any person affected by a cyber security incident is required to mandatorily report such incident to the Indian Computer Emergency Response Team (“CERT-In”) if it is of a specified type. With effect the June 27, 2022, the deadline for such reporting has been fixed at 6 (six) hours of the incident being noticed or being …
GETTING PRIORITIES RIGHT ANALYSIS OF PRIORITY OF PROVIDENT FUND DUES IN RELATION TO A COMPANY UNDERGOING CIRP
The Employees Provident Funds Miscellaneous Provisions Act, 1952 (“EPF Act”) was enacted as a statute keeping in mind the Directive Principles of State Policy enshrined under Articles 38 and 43 of the Constitution of India to ensure social security for the employees working in an establishment. Whilst the EPF Act has an in-built mechanism to …
VALUATION OF COMPANIES: A LEGAL ANALYSIS
The issue or transfer of equity shares or other securities invariably involves the valuation of the underlying company. The principles and rules for valuing companies lie at the intersection of law and accounting. Various statutes and regulators are involved in this crucial activity. Company law seeks to ensure that companies do not shortchange their existing …
An analysis of the Law Commission’s Review of the Arbitration Act 1996
After 25 years of the Arbitration Act 1996 (‘the Act’), the UK Government has asked the Law Commission to revisit it to determine if any amendments might be required in various areas, in light of the many years experience since the Act came into force. An update of the Act ensures that it continues to be a solid foundation …
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How to prevent Parental Abduction of Children in Cross-border Divorce or Dissolution
Few people will disagree that divorce or dissolution is one of the most stressful experiences and is usually a decision that is not taken lightly. There are many factors influence the break-up of a relationship, for example, the extremely challenging consequences of the economic crisis in the United Kingdom has, for some couples, proved to …
Have you been selected for the Redundancy Pool? How to make sure you are not there unfairly
The Chancellor, Jeremy Hunt, has finally delivered his Autumn Statement. The “unprecedented global headwinds” he mentions coming so closely behind the equally unprecedented series of adverse events over the past two or three years have presented one of the most commercially detrimental situations that the vast majority of businesses have ever faced.
“HIGH” Standards in Thailand; Regulations to Unlock Cannabis Industry
In the wake of shared global challenges, tourism and green growth is the way forward for Thailand’s sustainable economy. Specifically, a relevant government panel has set up a plan to develop the country as an international hub and targeted Thailand as the world’s foremost destination for the medical industry and wellness tourism. Still, a dream …
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The Spanish Democratic Memory Law – righting the wrongs of the past – a new opportunity to acquire Spanish nationality
The Spanish government under the Prime Minister Pedro Sánchez has finally published the Democratic Memory Law in the Official State Gazette of Spain, on 20 October 2022.