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  • Article

    One-way Arbitration Clause And Arbitrator Appointments

    The presence of such clauses in an agreement can be highly beneficial to the party with the right to designate a sole arbitrator.
    IndiaLitigation, Mediation & Arbitration
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Telecom Spectrum As A Public Resource: Supreme Court Clarifies Limits Of Insolvency Jurisdiction

    In State Bank of India v. Union of India & Ors.1, the Supreme Court examined the treatment of telecom spectrum within the framework of the Insolvency and Bankruptcy Code, 2016. The Court addressed whether a telecom licensee’s right to use spectrum constitutes an asset forming part of the insolvency estate, and how the IBC interacts with the statutory regime governing allocation of natural resources.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Patents vs. Trademarks: Doctrinal, Economic, And Jurisprudential Lenses Towards Understanding The Difference

    Intellectual property law essentially plays the role of incentivizing creation, ensuring transparency in the market, and maintaining fair competition in the marketplace.
    IndiaIntellectual Property
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Privacy Meets Recovery: Rethinking Debt And Invoice Collection Under India's DPDP Act

    The enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act" or "Act") marks a watershed moment in India's data protection landscape.
    IndiaPrivacy
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Cyber Operations, Artificial Intelligence And The Law Of State Responsibility

    The nature of State conduct has undergone significant transformation in the twenty-first century. Traditional international law frameworks were developed in an era when State actions were generally physical, direct and identifiable.
    IndiaTechnology
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    State-wise Relaxation Of Labour Legislations Amidst COVID-19

    With the total COVID-19 cases touching the one lakh mark, the commercial sector in India has come to a grinding halt.
    IndiaCoronavirus (COVID-19)
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Online Pharmacies: Conundrum On Legality

    "It is easy to get a thousand prescriptions, but hard to get one single remedy" so goes a popular Chinese proverb which succinctly summaries the pharmacy market in India and the debate surrounding e-pharmacies.
    IndiaFood, Drugs, Healthcare, Life Sciences
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    MHA Order Dated March 29, 2020: Proportionality And Necessity Arguments

    Amidst Covid 19 pandemic, one of the widely discussed topics is the legal validity of the order dated March 29, 2020 ("Order") issued by the Ministry of Home Affairs.
    IndiaGovernment, Public Sector
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    A Satirical Case Or Is There One, Already?

    The Delhi High Court in the matter of Ashutosh Dubey vs Netflix, Inc & Ors . dated May 5, 2020, refused to grant an interim stay on the Netflix's webseries "Hasmukh" against...
    IndiaIntellectual Property
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    The Tiger Global Judgment: What Went Wrong, What Was Decided, And What Still Remains Open

    The Supreme Court's judgment in Authority for Advance Rulings v. Tiger Global International Holdings represents a watershed moment in India's international tax jurisprudence.
    IndiaLitigation, Mediation & Arbitration
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Regulations By SEBI To Protect Interests Of Mutual Fund Investors

    There is a wide variety of investment options in today's market, that on one hand give the investors an extensive range to choose from, but on the other hand, can prove to be confounding and challenging, especially for retail investors.
    IndiaFinance and Banking
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Exclusion Of ‘Healthcare' From The Definition Of ‘Service': A Delusional Relief For Medical Professionals

    The Consumer Protection Act, 2019 (‘CPA 2019') arrived in full glory and the Central government vide notification dated 15-07-2020...
    IndiaFood, Drugs, Healthcare, Life Sciences
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    The Market's Anatomy: Consumers Kingdom On Rise

    The Ministry of Consumer Affairs, Food and Public Distribution has notified the Consumer Protection Act, 20191("new Act") which was passed by the Parliament...
    IndiaConsumer Protection
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Modes Of Entry For Foreign Companies: Setting Up A Subsidiary In India vs. Joint Venture In India

    Foreign companies often find it imperative to enter the Indian market by setting up a subsidiary due to its size and growth potential.
    IndiaCorporate/Commercial Law
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Position Of Gig Workers Under India's New Labour Code Framework: What Businesses Need To Know

    India's workforce has undergone a significant transformation over the last decade, driven by the rapid growth of digital platforms, app-based services, and independent contracting. Food delivery executives, ride-hailing drivers, freelance professionals, home-service providers, and numerous other workers now operate outside the traditional employer-employee relationship.
    IndiaEmployment and HR
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Amendment Of Section 30 And 31 Of The Payment And Settlements Systems Act 2007: A Boon Or Bane?

    The advent of technology made a great impact on various sectors of India.
    IndiaFinance and Banking
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Bar On Extension Of Insurance Cover Without Premium: The Supreme Court On The "Statutory Embargo" Under Section 64VB In New India Assurance Co. Ltd. Vs. Louis Dreyfus Commodities India Pvt. Ltd.

    The Supreme Court, in the case of New India Assurance Co. Ltd. & Ors. vs. M/s Louis Dreyfus Commodities India Pvt. Ltd. (2026 INSC 876) ('New India Assurance vs. Louis Dreyfus'), has held that where an insurance policy covers turnover on a running annual basis, the insurer cannot be held liable for a loss that occurs after the insured's actual turnover has exceeded the turnover for which premium has already been paid, even where the policy itself is expressed as an annual turnover based cover.
    IndiaInsurance
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    The India-UK FTA And The Automobile Industry: Beyond Tariff Cuts To A New Era Of Automotive Trade

    The automobile sector has emerged as one of the most closely watched industries under the recently concluded India–UK Comprehensive Economic and Trade Agreement (CETA).
    IndiaInternational Law
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Achilles' Heel: Ramifications Of COVID-19 On Pharmaceutical And Healthcare Industries

    The world was not ready to combat the precarious situation involving the closure of business and institutions alike.
    IndiaCoronavirus (COVID-19)
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Covid-19 Resolution Framework: A Cushion To Indebted Borrowers

    A bank or financial institution that is lending financial assistance to a borrower faces the risk of being bankrupt on default of repayment by the borrower.
    IndiaCoronavirus (COVID-19)
    King, Stubb & Kasiva
    King, Stubb & Kasiva

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