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  • Article

    Indian Takeover Code – Extent Of Disclosure On ‘Encumbrance' In Structured Debt Transactions

    Pursuant to the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (‘SAST'), shares taken by way of encumbrance are treated as an acquisition.
    IndiaCorporate/Commercial Law
    ZBA
    ZBA
  • Article

    The Duty Of Bankers Under Letters Of Credit

    A recent judgment of the Bombay High Court dealing with a dispute regarding Letters of Credit (LOC), sheds valuable light and guidance on the duty of bankers make payment under the credit.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    New Superior Court Decision Creates Split In Authority About What Happens To Pending Appeals When Town Reaches 10% Subsidized Housing Threshold

    Earlier this month, Mintz Levin’s Housing Practice Group issued an advisory regarding an Appeals Court decision that potentially undermined Chapter 40B by keeping alive an abutter group’s original appeal of a comprehensive permit to construct subsidized housing even though that permit had been later modified by the Housing Appeals Committee (HAC) and the same abutters group had filed a separate appeal of the modified permit.
    United StatesReal Estate and Construction
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Promises Are To Be Kept-Bombay High Court Reiterates Test For Granting Deposit Orders In Aid Of Foreign Seated Arbitration

    In Ultra Deep Subsea vs. Hindustan Oil Exploration Company, the Bombay High Court in a well-reasoned judgement unshackled the powers of the Court to order security in the form of a deposit of money...
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    A New Technical Requirement In Securing Zoning Relief

    For many years, securing variances or special exceptions in the City of Philadelphia has required careful dealings with local neighborhood associations.
    United StatesReal Estate and Construction
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Should Courts Modify An Arbitral Award?

    One of the long-standing issues concerns the power of courts to modify an award in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") dealing with applications for setting aside an arbitral award.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Litigation Advisory: Breaking New Ground In Dover Amendment Law

    Last month Mintz Levin won a victory in Massachusetts Superior Court that promises to have positive repercussions for all academic and religious institutions in Massachusetts who seek to benefit from the land use protections of state law commonly known as the Dover Amendment.
    United StatesReal Estate and Construction
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Importance Of Seat, Venue Or Place Of Arbitration- Does It Matter?

    The judgement discusses the legal concepts underlying the expression ‘seat', ‘venue' and ‘place' of arbitration and is a welcome contribution to the law of international arbitration in India.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Province Releases Bill 139 Regulations For Transition From The OMB To The New Local Planning Appeal Tribunal

    Bill 139 proposes to replace the Ontario Municipal Board with the Local Planning Appeal Tribunal and fundamentally change the planning regime in Ontario.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    (Don't) Judge For Yourself: When Local Board Members Should Recuse Themselves

    Under Pennsylvania law, a member of a tribunal who has an interest in the outcome of a matter before it must recuse or disqualify himself or herself because there is the potential for conflict or bias.
    United StatesLitigation, Mediation & Arbitration
    Obermayer Rebmann Maxwell & Hippel
    Obermayer Rebmann Maxwell & Hippel
  • Article

    Transactions: Trenton, NJ Zoning Board Of Adjustment Approves Food Preparation And Distribution Hub

    In this matter, Fox’s client (Applicant), represented by Jeffrey M. Hall, applied for a use variance to repurpose a vacant commercial building to create a food preparation and distribution business in Trenton, New Jersey
    United StatesReal Estate and Construction
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Interface Between Admiralty And Insolvency

    In rem admiralty proceedings and the insolvency of a ship owner is fraught with tension. The advantage of arresting a ship, which elevates a maritime claimant to the status of a secured creditor,...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Mediation Bill 2023 – Smooth Take-Off But Turbulence Ahead?

    The Indian Parliament, in August 2023, passed the Mediation Bill 2023 (Mediation Bill) to promote and facilitate mediation (especially institutional mediation) for amicable resolution of disputes.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Supreme Court On Third Party Security Under The Insolvency And Bankruptcy Code Of India- A View From Ivory Tower?

    In its landmark judgment in Indra Sawhney v. Union of India, a nine judges constitution bench of the Supreme Court of India reminded themselves that...
    IndiaFinance and Banking
    ZBA
    ZBA
  • Article

    City Of Toronto Introduces Garden Suites

    In our previous bulletin we discussed key benefits and challenges of laneway housing in Canada, focusing on their growth in popularity in the City of Toronto (the "City").
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    New 2020 Stamp Duty For Debentures – Does It Cut The Clutter?

    This article summarises the impact of the Amendments to Stamp Act on the debenture market in India.
    IndiaCorporate/Commercial Law
    ZBA
    ZBA
  • Article

    India Revamps Its Major Ports

    The newly passed Major Port Authorities Act 2021 ("New Act") attempts to unshackle and empower government owned major ports ("Major Port") from excessive interference and control by...
    IndiaGovernment, Public Sector
    ZBA
    ZBA
  • Article

    Supreme Court's Nod For The 'Group Of Companies' Doctrine – A Judicial Legislation?

    Justice Chandrachud authored Cox and Kings judgment of the constitution bench of the Supreme Court of India approving the ‘Group of Companies' doctrine, poses difficulties.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Force Majeure And Frustration Of Contracts During COVID-19

    The unprecedented upheaval caused by COVID-19 has affected normal performance of contractual duties. Logistical issues, health and safety risks and governmental decreed ‘lock-downs'...
    IndiaCoronavirus (COVID-19)
    ZBA
    ZBA
  • Article

    Impending Implementation Of Ontario's Inclusionary Zoning Regime In Toronto And The GTA

    When it comes to municipalities addressing the lack of "affordable housing", the use of inclusionary zoning by-laws, passed pursuant to section 35.2 of the Planning Act, is becoming an important tool in their arsenal.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP

Showing 101–120 of 146 results

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